The Mortgage in Roman Law

By: Anavitarte, E. J.*

The mortgage is an accessory contract that constitutes a pledge without transfer of ownership to guarantee an obligation on the part of the debtor.

This link was created as a way to prevent the debtor's insolvency from affecting the creditor's assets, and in principle it would be born in the form of a trust, then that of a pignus, and, by praetorian influence, it would become the mortgage institution.

Thus, the mortgage does not dispose of the property itself, nor does it transfer its possession of it, but rather constitutes the guarantee for the creditor to exercise an action in rem if the debt of the main obligation is not paid.

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