A Topic of Moral Theology

Suretyship, Pledge and Hypothec

Subsidiary contracts securing a debt.

Within this topic

Also asked about as…

co-signing a loan · collateral · guarantor · mortgage · pawn (ed.)

In the index as Contract (Contractus) · Pledge (Pignus) · Suretyship · Hypothec (Mortgage) · Pledge whose fruits replace interest (antichresis) · Transaction · Mortgage · "Bottomry." · Assurance (Assecuratio), as a contract · Expenses · Loans · Surety · Agency · Annuities · Bailments · Barter · Buying and Selling · Composition · Compromise · Contractor’s Agreement · Contracts · Deposit · Form of contracts · Guaranty

In the manuals

A Manual of Moral Theology for English-Speaking Countries

Vol. I, Bk. VII, Pt. II, Chapter VIII. Bailment, n. 6 — Pawn or pledge is a contract by which goods or chattels are delivered to another to be security to him for money borrowed of him by the bailor. The pawnee must use ordinary diligence in the custody of the pledge which he… Read in context →

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XIII. On Subsidiary Contracts, n. ¶1 — Subsidiary contracts are called contracts which are entered into to strengthen another principal contract; with it, if it falls, they fall. The principal ones are suretyship, pledge, and hypothec.Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XIII, Point II. On Pledge, n. 964 — I. Notion. Pledge is a contract by which a debtor delivers a movable thing to the creditor as security of his debt. The creditor is called the pledge-holder, and the thing itself handed over is also called the pledge (St… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XIII, Point III. On Hypothec, n. 968 — I. Notion. Hypothec is a real right by which another's immovable thing is obligated to the creditor as security of a debt. The right of hypothec commonly arises from contract.Read in context →

Moral Theology: A Complete Course (McHugh & Callan)

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)

Vol. II, On the Seventh and Tenth P…, XVII. On Suretyship, Pledge, Settlement, nn. 1264–1285 (22 passages)

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

Vol. I, Treatise On Contracts, Second Part. On Contracts …, Sect. II, Ch. VI, Pledge, and Hypothec, n. ¶1 — These contracts are called subsidiary, because they are employed for the security of another contract. We will speak briefly of each one.Read in context →

Vol. I, Treatise On Contracts, Second Part. On Contracts …, Sect. II, Ch. VI, Pledge, and Hypothec, Article II. On Pledge, n. 938 (4 passages — hover a number to read it)

Institutiones Morales Alphonsianae

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Chapter V: On Subsidiary Contracts, nn. ¶1, ¶2, ¶3, ¶1170, ¶1171, ¶4, ¶1172, ¶1173, ¶5, ¶1174 & ¶6 (11 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, Ch. VI, OR ON SURETYSHIP, PLEDGE, AND HYPOTHEC, n. ¶1 — These contracts are called subsidiary, because they are applied for the security of another contract. We shall speak briefly concerning each.Read in context →

Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, Ch. VI, OR ON SURETYSHIP, PLEDGE, AND HYPOTHEC, ARTICLE I: ON SURETYSHIP, nn. ¶1, ¶1032, ¶1033 & ¶1034 (4 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, Ch. VI, OR ON SURETYSHIP, PLEDGE, AND HYPOTHEC, ARTICLE II: ON PLEDGE, nn. ¶1 & ¶1035 (2 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, Ch. VI, OR ON SURETYSHIP, PLEDGE, AND HYPOTHEC, ARTICLE III: ON HYPOTHEC (Mortgage), n. ¶1036 — 1036. - Hypothec is a contract by which an immovable thing is bound to the creditor (the mortgagee), so that from it he can pay himself if the debtor (the mortgagor) has not paid. This is the force of a hypothec, that th… Read in context →

Summa Theologiae Moralis

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

Vol. I, Tr. IX, Pt. II, Sect. II, Chapter IV. On Subsidiary Contracts, nn. ¶1, 550, 551 & 552 (4 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Diss. V, Chapter V — On assurance, pledge, composition, emphyteusis, loan for use, precarium, deposit, letting, hiring, promise, donation, nn. I–XV (15 passages)

The Decretals of Gregory IX (Liber Extra)

Bk. III, Title XXI: On Pledges and Other Securities, cc. 1, 2, 3, 4, 5, 6, 7 & 8 (8 passages — hover a number to read it)

Bk. III, Title XXII: On Sureties, cc. 1, 2, 3, 4 & 5 (5 passages — hover a number to read it)

Theologia Moralis: Principles — Responses — Counsels

Vol. II, Bk. II, Tractate V: On Justice, Ch. VI, Article I: Generalities Concerning Contracts, nn. 502 & 503 (2 passages — hover a number to read it)

A Handbook of Moral Theology (Koch–Preuss)

Vol. V, Pt. I, Ch. V, Section 6: Subsidiary Contracts, nn. ¶1–¶29 (29 passages)

Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)

78. On Gaming, on Suretyship, on Transaction, nn. 1, 2, 3 & 4 (11 passages — hover a number to read it)

Treated under the broader heading Contracts — Prümmer, Manuale Theologiae Moralis · Bontempi, Palladium Theologicum V · Slater, Cases I · Rickaby, Moral Philosophy · Coppens, Moral Philosophy · 1917 Code of Canon Law — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)