De pignoribus et hypothecis theses

XIII.
A pledge is constituted expressly when it is done clearly and by name in a contract, not only by words among those present, but also by letters among those absent.

XIIII.
It is induced tacitly, however, by the law itself without any express convention of the parties, for example, by Law, or Constitution, or Decree of the Senate, or the customs of the Roman people.

XV.
From this, that not inelegant subdivision of convention has been brought forth by the interpreters of law, namely, that one mortgage is General, another however is Special.

XVI.
It is General when things are obligated without any designation of the things; if, namely, one constitutes it by contracting on both sides concerning the goods which someone has or is about to have.

XVII.
Whether it be said, "I obligate all my goods," or only, "All goods."

XVIII.
Furthermore, under this formula simply: "I obligate my things."

XIX.
But things acquired by the heir of the one obligating are not contained therein.

XX.
Much less those which it is not likely anyone would have specially obligated: such as furniture, clothing, instruments, because they pertain to daily use; as well as natural children, a concubine, etc., because they concern the affection of the debtor himself most of all.

XXI.
Nor does it matter much whether they were acquired afterwards, or
before