(Source: Brill)
Brill is publishing a new book on loans and credit in the
Golden Ages of Antwerp and Amsterdam (c. 1500-1680).
ABOUT THE BOOK
Based 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.
ABOUT THE AUTHOR
Wouter Druwé (1991) is assistant professor of Roman law and
legal history at KU Leuven. He read law (Ph.D. 2018, MLaw 2013), canon law (JCL
2018) and theology (BA 2013). He mainly studies the ius commune in
the Low Countries.
TABLE OF CONTENTS
ACKNOWLEDGEMENTS
INTRODUCTION
1. Need for credit in the Golden Age(s) and its normative framework
2. Research questions
3. Methodological considerations
4. Structure
CHAPTER I. CONSILIA AND DECISIONES IN THE LOW COUNTRIES
1. Introduction
2. Consilia and decisiones: a general framework
A. Consilia
B. Decisiones
3. Consilia in the Low Countries
A. The first printed consilia: Nicolaas Everaerts and Angelus a Sancto Ioanne
B. Leuven law professors and their consultation practice (ca. 1550 – 1590)
C. Learned legal practitioners: the Kinschot family (ca. 1580 – 1650) and Antoon Anselmo
D. A humanist counsellor: Jean de Deckher de Walhorn (1583-1646)
E. Learned consultations by a canon lawyer: Franciscus Zypaeus (1580-1650)
F. Jacob Coren
G. The Hollandic and Utrecht consultations: disordered and varied collections
4. Decisiones in the Low Countries
A. Collections of decisiones from the Northern Low Countries
B. Printed collections of decisiones from the Southern Low Countries
5. Conclusion
CHAPTER II. SIMPLE MONEY LENDING AND THE TAKING OF INTEREST
1. Introduction
2. Money loans and the law of evidence
A. Proof of original payment of the capital
B. Proof of mutual intention
C. Other impediments to a claim for restitution: the S.C. Macedonianum
D. Proof of repayment of the money lent
3. The taking of interest
A. Introduction
B. Contractually stipulated interest for the duration of a (money) loan
C. Interest in case of default (mora)
D. Some questions on the proof of usury
E. Sanctions
4. Conclusion
CHAPTER III. SALE OF ANNUITIES
1. Introduction
2. Constitution of annuities
3. Enforcement of annuities: the issue of prescription
4. Redemption, reduction and forced restitution of annuities
A. Redeemability and reductibility by the seller of the annuity
B. Reduction of annuities through the enactment of tax legislation
C. Forced restitution of the capital
5. Conclusion
CHAPTER IV. TRANSFER OF BONDS AND CLAIMS
1. Introduction
2. Cession and assignment
A. Introduction
B. Proof of a cession: transfer and causa
C. Alternative causae for the transfer of a bond
D. Consequences of a cession and its revocability
E. Recourse liability
F. Legal remedies by the ceded debtor
G. Intermediate conclusion
3. Delegation and novation
A. Introductory remarks
B. Proof of novation
C. Recourse liability
D. Legal remedies by a delegated debtor
E. Intermediate conclusion
4. Bonds to bearer
A. Introduction
B. The solution of the ius commune
C. The causa of the transfer
D. Legal remedies by the debtor against the bearer
E. Recourse liability by the bearer against the transferor
F. Questions of proof
G. Intermediate conclusion
5. Bills of exchange
A. Introduction
B. Acceptance by the drawee
C. Liability of the drawer
D. Liability of the remitter of a bill of exchange
E. Bills of exchange and usury
F. Determination of the exchange rate
G. Intermediate conclusion
6. Conclusion
CHAPTER V. PARTNERSHIPS, REPRESENTATION AND SEA LOANS
1. Introduction
2. The law of partnerships
A. Foundation of partnerships
B. Liability of partners vis-à-vis third parties
C. Relationship between partners
D. Leonine clauses and triple contracts
E. Trade in shares
3. Representation in financial affairs
A. Introductory remarks
B. Claims by principals and/or agents
C. Claims against the principal
D. A mandate should not harm the institor
4. Sea loans ( faenus nauticum)
5. Conclusion
CHAPTER VI. MONETARY FLUCTUATIONS AND DEBTS
1. Introduction
2. One-time payments
A. Introductory remarks
B. Coinage to be used
C. Applicable rate or valuation
D. Intermediate conclusion
3. Recurring payments
A. Introductory remarks
B. Rate of payment: relevant location
C. Rate of payment: relevant time
4. Conclusion
CONCLUSION
1. Research questions and the core sources
2. The evolution of the normative framework on loans and credit: a summary
3. Transregional multinormativity
4. Moral theology
5. North and South: An Age of Estrangement?
6. Consilia and decisiones
7. Open questions
BIBLIOGRAPHY
1. Netherlandish sources of learned legal practice: the core material
2. Other primary sources
3. Customary law and ordinances
4. Legal historical literature
INTRODUCTION
1. Need for credit in the Golden Age(s) and its normative framework
2. Research questions
3. Methodological considerations
4. Structure
CHAPTER I. CONSILIA AND DECISIONES IN THE LOW COUNTRIES
1. Introduction
2. Consilia and decisiones: a general framework
A. Consilia
B. Decisiones
3. Consilia in the Low Countries
A. The first printed consilia: Nicolaas Everaerts and Angelus a Sancto Ioanne
B. Leuven law professors and their consultation practice (ca. 1550 – 1590)
C. Learned legal practitioners: the Kinschot family (ca. 1580 – 1650) and Antoon Anselmo
D. A humanist counsellor: Jean de Deckher de Walhorn (1583-1646)
E. Learned consultations by a canon lawyer: Franciscus Zypaeus (1580-1650)
F. Jacob Coren
G. The Hollandic and Utrecht consultations: disordered and varied collections
4. Decisiones in the Low Countries
A. Collections of decisiones from the Northern Low Countries
B. Printed collections of decisiones from the Southern Low Countries
5. Conclusion
CHAPTER II. SIMPLE MONEY LENDING AND THE TAKING OF INTEREST
1. Introduction
2. Money loans and the law of evidence
A. Proof of original payment of the capital
B. Proof of mutual intention
C. Other impediments to a claim for restitution: the S.C. Macedonianum
D. Proof of repayment of the money lent
3. The taking of interest
A. Introduction
B. Contractually stipulated interest for the duration of a (money) loan
C. Interest in case of default (mora)
D. Some questions on the proof of usury
E. Sanctions
4. Conclusion
CHAPTER III. SALE OF ANNUITIES
1. Introduction
2. Constitution of annuities
3. Enforcement of annuities: the issue of prescription
4. Redemption, reduction and forced restitution of annuities
A. Redeemability and reductibility by the seller of the annuity
B. Reduction of annuities through the enactment of tax legislation
C. Forced restitution of the capital
5. Conclusion
CHAPTER IV. TRANSFER OF BONDS AND CLAIMS
1. Introduction
2. Cession and assignment
A. Introduction
B. Proof of a cession: transfer and causa
C. Alternative causae for the transfer of a bond
D. Consequences of a cession and its revocability
E. Recourse liability
F. Legal remedies by the ceded debtor
G. Intermediate conclusion
3. Delegation and novation
A. Introductory remarks
B. Proof of novation
C. Recourse liability
D. Legal remedies by a delegated debtor
E. Intermediate conclusion
4. Bonds to bearer
A. Introduction
B. The solution of the ius commune
C. The causa of the transfer
D. Legal remedies by the debtor against the bearer
E. Recourse liability by the bearer against the transferor
F. Questions of proof
G. Intermediate conclusion
5. Bills of exchange
A. Introduction
B. Acceptance by the drawee
C. Liability of the drawer
D. Liability of the remitter of a bill of exchange
E. Bills of exchange and usury
F. Determination of the exchange rate
G. Intermediate conclusion
6. Conclusion
CHAPTER V. PARTNERSHIPS, REPRESENTATION AND SEA LOANS
1. Introduction
2. The law of partnerships
A. Foundation of partnerships
B. Liability of partners vis-à-vis third parties
C. Relationship between partners
D. Leonine clauses and triple contracts
E. Trade in shares
3. Representation in financial affairs
A. Introductory remarks
B. Claims by principals and/or agents
C. Claims against the principal
D. A mandate should not harm the institor
4. Sea loans ( faenus nauticum)
5. Conclusion
CHAPTER VI. MONETARY FLUCTUATIONS AND DEBTS
1. Introduction
2. One-time payments
A. Introductory remarks
B. Coinage to be used
C. Applicable rate or valuation
D. Intermediate conclusion
3. Recurring payments
A. Introductory remarks
B. Rate of payment: relevant location
C. Rate of payment: relevant time
4. Conclusion
CONCLUSION
1. Research questions and the core sources
2. The evolution of the normative framework on loans and credit: a summary
3. Transregional multinormativity
4. Moral theology
5. North and South: An Age of Estrangement?
6. Consilia and decisiones
7. Open questions
BIBLIOGRAPHY
1. Netherlandish sources of learned legal practice: the core material
2. Other primary sources
3. Customary law and ordinances
4. Legal historical literature
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