On the legal hypothec in roman law

由于在古典罗马法中从来没有对债务人的财产进行有效执行的制度，早在公元1世纪，债权人就经常与他的债务人承诺，不顾普遍的意见，对债务人的全部财产进行抵押。被质押的东西可以由债务人正确地处置（例如，购买、质押、解放奴隶），直到债权人真正占有该东西为止。法律上的抵押权是由债务人全部财产的无声质押允诺发展而来的，它也具有同样的效力，而且——与普遍的看法相反——它没有权利对第三人手中的东西提起诉讼。妻子或学生对其丈夫或其监护人的全部财产的法律假设在接受过程中由于对罗马法的误解而改变了性质，给中世纪和近代的交易带来了许多麻烦。

Since there were never system for effective execution upon the debtor's property in the classical roman law, already in the 1 century A.D.-, the creditor had promised often with his debtor, -against popular opinions to have a pledge on the whole property of his debtor unoccupied. The pledged things can be rightly disposed (ex. gr. buy, pledge, liberation of slaves) by the debtor, until the creditor has possession on the thing really. The legal hypothec, which developed from the silent pledge promise on the whole property of the debtor, had also the same effect and -against common opinions-, no right to prosecute the things on the hand of a third person. The legal hypothec of wife or pupil on the whole property of her husband or his guardian had changed the character in the course of the reception as result of misunderstanding of the roman law sauce and have brought many troubles on the trades in medieval and modern time.