Legal Definitions - hypothecaria actio

Definition: A legal action in Roman law used to enforce a mortgage or to obtain the surrender of the mortgaged property.

Example: If a person takes out a mortgage on their house and fails to make payments, the lender can use a hypothecaria actio to take legal action and enforce the mortgage by taking possession of the property.

This legal term is specific to Roman law and is not commonly used in modern legal systems. The example illustrates how the hypothecaria actio was used to enforce mortgages, which was an important aspect of property law in ancient Rome.