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03 July 2025

VAN CAENEGEM PRIZE 2025: dr. Piotr ALEXANDROWICZ for "Early modern comparative contract law" (Comparative Legal History XIV (2024), nr. 1)

 

(ESCLH President Prof. Matt Dyson (Oxford) handing over the Van Caenegem Prize 2025 Certificate to dr. Alexandrowicz)

The Van Caenegem Prize 2025 was awarded in the Faculty of Law and Political Sciences of the University of Szeged to ERC Grantee dr. Piotr Alexandrowicz (Poznań) for his article "Early modern comparative contract law", published in our journal Comparative Legal History XIV (2024), nr. 1. 

Abstract:

Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici (‘differences between civil and canon law’). Similar topics were covered in both late medieval and early modern differentiae – hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws.

DOI 10.1080/2049677X.2024.2349850

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