Mortgages in the Middle Ages

Rather complicated deal structure demanded control and regulation streamlined registration system. Due to the weakening of the state functions with the sunset era of the ancient world, the institute mortgage ceased to exist for several centuries before it will appear again in the medieval European legislation. In Germany, there is a mortgage on or after XIV century, in France from the end of XVI century acted tacit mortgage.
The formation of the classical concept - mortgages in the Middle Ages was due to the weakening of the slave economy and the mass transfer of land to tenants. Initially, the new form of collateral extended to tools that are tenants of land, due to objective reasons could not give land owners (latifundistas). Later in the mortgage and real estate began broadcasting.
When a mortgage real estate remained in the possession of the debtor and the creditor was entitled to claim lays the thing with its subsequent sale at auction and the compensation of the proceeds remaining debt of the borrower. Approximately in the form of collateral Institute exists to this day.
Along with the mortgage arising under the agreement of the parties, were given different legal mortgage, act on the basis of the law (the mortgage investor's investment, mortgage on property tax evaders, the mortgage on the property trustee, the mortgage on the property of her husband's wife, etc.). There was a mortgage, subordinated in time of occurrence (under contract) or according to their importance (by the law).