Antichresis

Antichresis

Antichresis, in civil law, is a contract whereby a person borrowing money of another, hands over his property to the creditor, allowing the use and occupation thereof, for the interest on the money lent.

Historically, this contract was used by the Romans, among whom usury was prohibited. It was afterwards called mortgage, to distinguish it from a simple engagement, where the fruits of the ground were not alienated, which was called visgage.

The creditor also has the right to transfer debtor's profits from the immovable property at his/her wish. If the creditor is a debtor himself, he is able to sell the rights of antichresis to another creditor.

ee also

*Mortgage
*Pawn

References


*1728


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  • ANTICHRESIS — (ἁντίχρησις) in Greco Roman law an arrangement whereby a creditor may, under certain conditions, enjoy the use and fruits of property (land or chattels) given to him as security. In talmudic literature, such an arrangement appears under various… …   Encyclopedia of Judaism

  • antichresis — an·ti·chre·sis /ˌan ti krē sis, ˌan ˌtī , ˌan tē / n [New Latin, from Greek, from anti opposite + chrēsis use, from chrēsthai to use, need] in the civil law of Louisiana: a written pledge and transfer from a debtor to a creditor of possession of… …   Law dictionary

  • Antichrēsis — (Antichretĭcum, gr.), Pfandnutzung, s. u. Hypothek. Davon Antichretisch, pfandnutzungsweise, so Antichretischer Vertrag, Vertrag, wonach der Pfandgläubiger die Nutzung des gegebenen Pfandes als Zinsen bezieht, s. Hypothek …   Pierer's Universal-Lexikon

  • antichresis — /aentakriyzas/ In the civil law, a species of mortgage, or pledge of immovables. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. In the French law, if… …   Black's law dictionary

  • antichresis — /aentakriyzas/ In the civil law, a species of mortgage, or pledge of immovables. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. In the French law, if… …   Black's law dictionary

  • antichresis — an·ti·chre·sis …   English syllables

  • antichresis —   n. (pl. ses ) possession and enjoyment of mortgaged property by mortgagee in lieu of interest payments …   Dictionary of difficult words

  • antichresis — A pledge of immovable property, comparable to a mortgage. 41 Am J1st Pldg & Col § 2; 36 Am J1st Mtg § 12 …   Ballentine's law dictionary

  • antichresis — …   Useful english dictionary

  • Roman Law —     Roman Law     † Catholic Encyclopedia ► Roman Law     In the following article this subject is briefly treated under the two heads of; I. Principles; II. History. Of these two divisions, I is subdivided into: A. Persons; B. Things; C. Actions …   Catholic encyclopedia

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