{"product_id":"loans-and-credit-in-consilia-and-decisiones-in-the-low-countries-c-1500-1680-9789004410787","title":"Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eBased 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.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eAcknowledgements  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","brand":"Brill","offers":[{"title":"Default Title","offer_id":53210782433623,"sku":"9789004410787","price":220.0,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/loans-and-credit-in-consilia-and-decisiones-in-the-low-countries-c-1500-1680-9789004410787","provider":"Book Curl","version":"1.0","type":"link"}