[GAIUS libro singulari de formula hypothecaria. ] §22.4.4.prIn re hypothecae nomine obligata ad rem non pertinet, quibus fit uerbis, sicuti est et in his obligationibus, quae consensu contrahuntur: et ideo et sine scriptura si conuenit, ut hypothecae sit, et probari poterit, res obligata erit de qua conueniunt.
[GAIUS from the single book on the Formula of Hypothec.] In the case of property bound under the name of a hypothec, it is of no consequence what words are used, just as is the case in those obligations which are contracted by consent. And therefore, even without a writing, if it is agreed that there should be a hypothec, and if 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 possit: et sine his autem ualet quod actum est, si habeat probationem, sicut et nuptiae sunt, licet testatio sine scriptis habita est.
For writings are made concerning these matters so that what has been done may be more easily proved by means of them; but even without them, what has been done is valid if it has proof, just as a marriage is valid, although the attestation has been held without writing.