Roman law recognized two principal forms of security for the performance of an obligation: personal security or suretyship, whereby a person undertook to be personally liable as surety to the creditor for the discharge of the debt[541];
and real security, in terms of which a movable or immovable object or property was offered by the debtor or a third party as security and the creditor was granted a real right in respect thereof. It is important to point out that real security rights were dependent on the obligation they secured. When the secured obligation ceased to exist, the real right of the creditor theoretically ended.
During the history of Roman law, three forms of real security featured: fiducia cum creditore contracta or, in short form, fiducia; pignus; and hypotheca.
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More on the topic Roman law recognized two principal forms of security for the performance of an obligation: personal security or suretyship, whereby a person undertook to be personally liable as surety to the creditor for the discharge of the debt[541];:
- Real security and personal security
- Roman Law of Real Security
- Verhagen Hendrik L.. Security and Credit in Roman Law: The Historical Evolution of Pignus and Hypotheca. Oxford University Press,2022. — 448 p., 2022
- Features of a Well-adapted Law of Real Security
- Termination of Real Security
- The term obligation (obligatio) denoted the legal relationship that existed between two persons, in terms of which one person was obliged towards the other to carry out a certain duty or duties.
- The term obligation (obligatio) denoted the legal relationship that existed between two persons, in terms of which one person was obliged towards the other to carry out a certain duty or duties.
- Frison Christine. Redesigning the Global Seed Commons: Law and Policy for Agrobiodiversity and Food Security. Routledge,2019. — 294 p., 2019
- Roman private law developed from the law of procedure, otherwise recognized as the law relating to actions.
- The quest for security of tenure
- Security and the Division of Powers in Federations