Morals of the Church
Topics › Suretyship, Pledge and Hypothec › Hypothec (Mortgage)

A Topic of Moral Theology

Hypothec (Mortgage)

An immovable thing bound as security for a debt without being handed over: kinds, form, rights of the creditor, obligations of the debtor.

The works themselves ask 4 questions under this heading — see them together with their answers.

Also asked about as…

lien on property · mortgaging a house · second mortgage (ed.)

In the index as Contract · Hypothec (Mortgage) · Mortgage · Expenses · Loans · Pledge · Pledge whose fruits replace interest (antichresis) · Suretyship · Agency · Annuities · Bailments · Barter · Bottomry · Buying and Selling · Contractor’s Agreement · Contracts · Deposit · Form of contracts · Guaranty · Insurance · Lease · Management of another’s affairs · Partnership · Pawn

In the manuals

Read the manuals side by side → — each work's whole treatment in its own column

Manual of Moral Theology (Manuale Theologiae Moralis)

Ludovicus Wouters, C.SS.R. — 5 passages

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XIII, Point III. On Hypothec, nn. 968, 969, 970, 971 & 972 (5 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

John A. McHugh, O.P., and Charles J. Callan, O.P.

Vol. II, Pt. II, Q. II, Art. 3. The Subjective Par…, The Objects of Commutative Justice, n. 1749 — Forms of Contract. Forms of Contract.—The chief forms of contract are the following: (a) gratuitous contracts, which are those that confer advantage on only one of the contractants, or those in which no payment or compensation for his acts… Read in context →

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Gennaro Bucceroni, S.J. — 4 passages

Vol. II, On the Seventh and Tenth P…, XVII. On Suretyship, Pledge, Settlement, nn. 1276, 1277, 1278 & 1279 (4 passages — hover a number to read it)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Jean-Pierre Gury, S.J.; notes by Antonio Ballerini, S.J. — 5 passages

Vol. I, Treatise On Contracts, Second Part. On Contracts …, Sect. II, Ch. VI, Pledge, and Hypothec, Article III. On Hypothec, n. 939 (5 passages — hover a number to read it)

Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 30 passages

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. VI, Only Question: On Suretyship, Pledge, and Mortgage, nn. 606, 607, 608, 609 & 610 (30 passages — hover a number to read it)

Compendium of Moral Theology

Aloysius Sabetti, S.J., and Timothy Barrett, S.J.

Vol. I, Tr. IX, Pt. II, Sect. II, Chapter IV. On Subsidiary Contracts, n. 552 — Mortgage is a contract by which the debtor obliges some immovable thing to the creditor for the security of the debt: houses and estates are everywhere handed over thus. Wherefore mortgage differs from pledge and from an… Read in context →

Christian Theology, Dogmatic and Moral, in Compendium

Daniele Concina, O.P.

Diss. V, Chapter V — On assurance, pledge, composition, emphyteusis, loan for use, precarium, deposit, letting, hiring, promise, donation, n. III — III. Pledge and hypothec are wont to be taken for the same thing. Strictly taken, nevertheless, those contracts differ: for a pledge is of movables only, a hypothec of immovables. A pledge is defined a contract by which … Read in context →

Treated under the broader heading Suretyship, Pledge and Hypothec — Slater, Manual of Moral Theology · Marc, Institutiones Morales · Konings, Theologia Moralis — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)