Civilians and insurance: approximations of reality to the law
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by Guido Rossi in
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In the study of the history of insurance, much attention has been paid to early modern jurists. Their importance as a source for the study of the subject is, however, debatable. Early modern jurists were more interested in systematising insurance than in describing it for what it was. Their main effort lay in explaining this non-Roman contract in Roman law terms. To do so, something had to be sacrificed - reality.
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26
M. Bellone (ed.), Decisiones Rotae Genuae De Mercatura et pertinentibus ad eam ..., Venetiis [apud Franciscum Zilettum], 1582, dec. 166, n. 4, fol. 221v.
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49
Albornoz, Arte de los contractos, Valencia, En casa de Pedro de Huete, 1573, fols. 19v–20v. Cf. Coronas Gonzales, El concepto de seguro (supra, n. 2), p. 251. Despite his fame, our knowledge of Albornoz’ life remains significantly wanting. What we know is that he was born in Galicia, studied at Salamanca, published his great opus in 1573, and spent a long time in the ‘New World’. See E.S. Kloss, El ‘Arte de los contractos’ de Bartolomé de Albornoz, un jurista indiano del siglo XVI, Revista Chilena de historia del derecho, 11 (1985), p. 163–185, at 166–169.
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107
Stracca, supra, n. 66.
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Civilians and insurance: approximations of reality to the law
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by Guido Rossi in
Current site
Google Scholar
PubMed
In the study of the history of insurance, much attention has been paid to early modern jurists. Their importance as a source for the study of the subject is, however, debatable. Early modern jurists were more interested in systematising insurance than in describing it for what it was. Their main effort lay in explaining this non-Roman contract in Roman law terms. To do so, something had to be sacrificed - reality.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 286 | 37 | 3 |
| Full Text Views | 216 | 9 | 2 |
| PDF Views & Downloads | 70 | 14 | 4 |