Mortgage and hypothec
From Common law (mortgage) and civil law (hypothec)
PropertyContract and obligations
What it means
A way for a lender to take security over land, so that if the borrower does not repay, the lender can have the land sold.
Why it travels badly
In older common law a mortgage meant a transfer of ownership to the lender, which came back to the borrower on repayment. Civil-law systems have a right of security that never transfers ownership, called the hypothec. The words overlap, but the rights are built differently.
How other systems say it
mortgage (legal charge)
In practice the lender holds a charge over the land, and the borrower stays the owner. The older form of a transfer of title is now rare.
hypothèque (art 2393 Code civil)
A real right over land that secures a debt and does not give the lender possession.
Hypothek (§ 1113 BGB) and Grundschuld (§ 1191 BGB)
The Hypothek depends on a debt. The Grundschuld does not, and is the form most used in practice.
Quebec and South Africa
hypothec / mortgage bond
Mixed systems use words from both traditions.
Tip for translators and students
When translating a mortgage into a civil-law language, say whether the right is attached to a debt (accessory) or independent of it.
See the Legal Dictionary entry →
Related: Real rights and personal rights, Trust
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
