hypothèque enregistrée

OBS: hypothèque enregistrée : terme normalisé par le Comité de normalisation, Promotion de l’accès à la justice dans les deux langues officielles (PAJLO).

CONT: Although the term ""legal mortgage"" is inappropriate to a mortgage under the land titles system and is not in fact in common use, the term ""equitable mortgage"", which under the old system is used in contradistinction to a legal mortgage, is under the new system commonly used to indicate a mortgage or charge other than a registered or statutory mortgage. Under the old system any mortgage subsequent to a legal mortgage is necessarily an equitable mortgage, but under the new system a second mortgage is of the same nature as a first mortgage. In other respects, however, the ordinary rules as to equitable mortgages prevail under the land titles system. Thus, an equitable mortgage may be created by an agreement to execute a mortgage or to charge money on land or by deposit of documents of title. (Falconbridge on Mortgages, 1977, 4th ed., s. 10.11)