Antichresis

Defined in 5 dictionaries — Bouvier (1914), Black's (1910), Kinney (1893), Stimson (1881), Bouvier (1839)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

In Civil Law. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. Guyot, Rupert.; Story Bailm. § 344. It is analogous to the Welsh mortgage of the common law. In the French law, if the income was more than the interest, the debtor was entitled to demand an account of the income, and might claim any excess; La. Civ. Code, 2085. See Dig. 20. 1. 11; id. 13. 7. 1; Code, 8. 28. 1; Livingston's Ex'x v Story, 11 Pet. (U. S.) 351, 9 L. Ed. 74G; 1 Kent 137; Calderwood v. Calderwood, 23 La. Ann. 658. ANTICIPATION (Eat. ante, before, caprre, to take). The act of doing or taking a thing before its proper time. In deeds of trust there is frequently a provision that the income of the estate shall be paid by the trustee as it shall accrue, and not by way of anticipation. A payment made contrary to such provision would not be considered as a discharge of the trustee; Bisp. Eq. 104. As to the use of the term in patent law, see Patent.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In the civil law. A species of mortgage or pledge of immovables. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. Guyot, Repert.; Marquise De Portes v. Hurlbut, 44 N. J. Eq. 517, 14 Atl. 891. A debtor may give as security for his debt any immovable which belongs to him, the creditor having the right to enjoy the use of it on account of the interest due, or of the capital lf there is no interest due; this is called "antichresis." Civ. Code Mex. art 1927. By the law of Louisiana, there are two kinds of pledges,—the pawn and the antichresis. A pawn relates to movables, and tjbe antichresis to immovables. The antichresis must be reduced to writing; and the creditor thereby acquires the right to the fruits, etc., of the immovables, deducting yearly their proceeds from the interest, in the first place, and afterwards from the principal of his debt. He is bound to pay taxes on the property, snd keep it in repair, unless the contrary is agreed. The creditor does not ,become the proprietor of the property by failure to pay at the agreed time, and any clause to that effect is void. He can only sue the debtor, and obtain sentence for sale of the property. The possession of the property is, however, by the contract, transferred to the creditor. Livingston v. Story, 11 Pet. 351, 9 L. Ed. 746.

A Law Dictionary and Glossary

George C. Kinney · 1893

gr.-l In the civil lam. A species of mortgage in whicii the creditor is given the right to the use and profits in lieu of interest.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

I. A sort of mortgage, in which the debtor transfers the thing or estate to the creditor, who is entitled to retain the use and profits in lieu of interest.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

zn contracts. A word used in the civil law to denote the contract by which a creditor acquires the right of reaping the fruit or. other revenues of the immoveables given to him in pledge, on condition of deducting annually their proceeds from the interest, if any is due to him, and afterwards from the principal of his debt. Louis. Code, art. 3143; Dict. de Juris. Antichrése, Mortgage; Code Civ. 2085.