De pignoribus et hypothecis theses

always existed among the debtor's goods at the time the agreement was entered into.

XXII.
Now indeed, whether under an obligation of all goods, both movable and immovable, names meaning debts owed to the debtor are also to be considered included or not, it is certainly very difficult to say. This is all the more true because the majority incline toward the negative rather than the affirmative opinion. However, we, relying not so much on the authority of the doctors referring to the Doctors of Law, the jurists who interpreted Roman law as led by the truth of the law, have undertaken to defend the latter view, as it is both more common and more equitable.

XXIII.
A Special hypotheca mortgage/pledge, or manifest pledge, is what is contracted by name regarding a specific thing and some part of the goods, whether that thing be singular, such as Stichus and Pamphilus common names used in Roman law examples for slaves, or universal, such as a herd or a drove. For this holds the place of a special thing in respect to the entirety of the debtor's goods.

XXIV.
But if anything has taken the place of another by reason of a pledge, either it will be from the number of mancipia slaves/chattels: and then, if they were born from the former, they will only be obligated, but others not at all. Or [it may consist] of estates, and in these the obligation will subsist without controversy. Or [it may consist] of other things which consist of the transformation of bodies; then the hypotheca mortgage will vanish entirely.

XXV.
This is certainly to be understood as subsisting unless something else was acted upon by the probable will of the contracting parties.

XXVI.
But if only the form is changed, while the bodies remain intact, it must be determined that such a type can be brought directly into the obligation.

XXVII.