[GAIUS libro singulari de formula hypothecaria. ] §20.1.4.prContrahitur hypotheca per pactum conuentum, cum quis paciscatur, ut res eius propter aliquam obligationem sint hypothecae nomine obligatae: nec ad rem pertinet, quibus fit uerbis, sicuti est et in his obligationibus quae consensu contrahuntur.
[GAIUS, in the single book on the Hypothecary Formula.] A hypotheca is contracted by agreement, when someone agrees that his property shall be bound under the name of hypotheca on account of some obligation. And it does not matter in what words it is done, just as is the case also in those obligations which are contracted by consent.
et ideo et sine scriptura si conuenit ut hypotheca sit et probari poterit, res obligata erit de qua conueniunt.
And therefore, even without a writing, if it has been agreed that there be a hypotheca and it can be proved, the property concerning which they agree will be bound.
fiunt enim de his scripturae, ut quod actum est per eas facilius probari poterit: et sine his autem ualet quod actum est, si habeat probationem: sicut et nuptiae sunt, licet testationes in scriptis habitae non sunt.
For writings are made concerning these matters so that what has been done may be proved more easily through them; yet even without them, what has been done is valid, if it has proof; just as marriage also is, although no written attestations have been made.