In medieval loan relationships, the act of a creditor seizing movable property of a debtor in the event of default by the debtor was called taking a pawn. It was also used for seizing movable property due to non-payment of taxes in contracts for taxes or public services, but it is more commonly seen in the security clauses of loans and citations. Some of these loan contracts contain a security clause stating that in the event of default, the creditor may take the equivalent of the amount of the debt as a pawn anywhere the debtor finds him, such as in a market, a port, a roadside station, or within the territory of a powerful family. Source: Heibonsha World Encyclopedia, 2nd Edition Information |
中世社会の貸借関係において,債権者が債務者の債務不履行の際,その動産を私的に差し押さえる行為を高質をとるという。年貢・公事などの請負契約において,滞納にもとづく差押え行為にももちいられるが,一般的には借状・出挙状などの担保文言に多くみられる。これらの貸借契約状には,契約不履行の場合,債務額に相当するものを,債権者が債務者を見つけしだい,市場,湊,路次,権門勢家の領内など,いかなる場所であっても高質としてとってもかまわない旨の担保文言が記されるものがある。
出典 株式会社平凡社世界大百科事典 第2版について 情報 |
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