Description
Book SynopsisBased on consilia and decisiones, Wouter Druwé studies the multinormative framework on loans and credit in the Golden Ages of Antwerp and Amsterdam (c. 1500-1680). He analyzes the use of a wide variety of legal financial techniques in the Low Countries, such as money lending and the taking of interest, the constitution of annuities, cession and delegation, bearer bonds, bills of exchange, partnerships, and representation in financial affairs, as well as the consequences of monetary fluctuations. Special attention is paid to how the transregional European system of learned Roman and canon law (ius commune) was applied in daily ‘learned legal practice’. The study also deals with the prohibition against usury and with the impact of moral theology on legal debates.
Table of ContentsAcknowledgements Introduction §1Need for Credit in the Golden Age(s) and Its Normative Framework §2Research Questions §3Methodological Considerations §4Structure 1Consilia and Decisiones in the Low Countries §1Introduction §2Consilia and Decisiones: A General Framework AConsilia BDecisiones §3Consilia in the Low Countries AThe first Printed Consilia: Nicolaas Everaerts and Angelus a Sancto Ioanne BLeuven Law Professors and Their Consultation Practice (ca. 1550 – 1590) CLearned Legal Practitioners: The Kinschot Family (ca. 1580 – 1650) and Antoon Anselmo DA Humanist Counsellor: Jean de Deckher de Walhorn (1583–1646) ELearned Consultations by a Canon Lawyer: Franciscus Zypaeus (1580–1650) FJacob Coren GThe Hollandic and Utrecht Consultations: Disordered and Varied Collections §4Decisiones in the Low Countries ACollections of Decisiones from the Northern Low Countries BPrinted Collections of Decisiones from the Southern Low Countries §5Conclusion 2Simple Money Lending and the Taking of Interest §1Introduction §2Money Loans and the Law of Evidence AProof of Original Payment of the Capital BProof of Mutual Intention COther Impediments to a Claim for Restitution: The S.C. Macedonianum DProof of Repayment of the Money Lent §3The Taking of Interest AIntroduction BContractually Stipulated Interest for the Duration of a (money) Loan CInterest in Case of Default (mora) DSome Questions on the Proof of Usury ESanctions §4Conclusion 3Sale of Annuities §1Introduction §2Constitution of Annuities §3Enforcement of Annuities: The Issue of Prescription §4Redemption, Reduction and Forced Restitution of Annuities ARedeemability and Reductibility by the Seller of the Annuity BReduction of Annuities Through the Enactment of Tax Legislation CForced Restitution of the Capital §5Conclusion 4Transfer of Bonds and Claims §1Introduction §2Cession and Assignment AIntroduction BProof of a Cession: Transfer and Causa CAlternative Causae for the Transfer of a Bond DConsequences of a Cession and Its Revocability ERecourse Liability FLegal Remedies by the Ceded Debtor GIntermediate Conclusion §3Delegation and Novation AIntroductory Remarks BProof of Novation CRecourse Liability DLegal Remedies by a Delegated Debtor EIntermediate Conclusion §4Bonds to Bearer AIntroduction BThe Solution of the Ius Commune CThe causa of the Transfer DLegal Remedies by the Debtor Against the Bearer ERecourse Liability by the Bearer Against the Transferor FQuestions of Proof GIntermediate Conclusion §5Bills of Exchange AIntroduction BAcceptance by the Drawee CLiability of the Drawer DLiability of the Remitter of a Bill of Exchange EBills of Exchange and Usury FDetermination of the Exchange Rate GIntermediate Conclusion §6Conclusion 5Partnerships, Representation and Sea Loans §1Introduction §2The Law of Partnerships AFoundation of Partnerships BLiability of Partners vis-à-vis Third Parties CRelationship between Partners DLeonine Clauses and Triple Contracts ETrade in Shares §3Representation in Financial Affairs AIntroductory Remarks BClaims by Principals and/or Agents CClaims against the Principal DA mandate should not Harm the Institor §4Sea Loans (faenus nauticum) §5Conclusion 6Monetary Fluctuations and Debts §1Introduction §2One-time Payments AIntroductory Remarks BCoinage to be Used CApplicable Rate or Valuation DIntermediate Conclusion §3Recurring Payments AIntroductory Remarks BRate of Payment: Relevant Location CRate of Payment: Relevant Time §4Conclusion Conclusion §1Research Questions and the Core Sources §2The Evolution of the Normative Framework on Loans and Credit: A Summary §3Transregional Multinormativity §4Moral Theology §5North and South: An Age of Estrangement? §6Consilia and Decisiones §7Open Questions Bibliography Netherlandish Sources of Learned Legal Practice: The Core Material Other Primary Sources Customary Law and Ordinances Legal Historical Literature Index
