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Editors African Yearbook of International Law Online / Annuaire Africain de droit international Online

Editors African Yearbook of International Law Online / Annuaire Africain de droit international Online

Editors African Yearbook of International Law Online / Annuaire Africain de droit international Online

Thomas Finkenauer

The pactum ut minus solvatur and the maior pars in classical law.


Marc Aurel established the institution of a creditors’ meeting, the purpose of which was to find a composition agreement between all creditors and the debtor’s heir. Such a debt cut required a majority decision of those creditors present at the meeting. Without discretion, the praetor had to follow this majority decision. His decretum and thus the quota agreed upon were binding even for dissenting creditors and those not present at the meeting.