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Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)
Series: - Legal History Library, Volume: 33
Author:
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.
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.
Acknowledgements
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
§3 Consilia 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
§4 Decisiones 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
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
§3 Consilia 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
§4 Decisiones 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
All interested in the legal history of the Low Countries, in their social and economic history, in the European history of commercial law, and in the history of universities.