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Abstract

In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which broke with the tradition of priority for the first seizing claimant. This view resulted in a legal framework, which was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 customary law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

Abstract

The 1582 Antwerp costuymen influenced Amsterdam law during the seventeenth and eighteenth centuries. Although the Antwerp law has often been considered as an applicable law in the Amstel city, its role was more limited. At the end of the sixteenth century and during the first half of the seventeenth century, it was used as a common and subsidiary applicable law for certain mercantile issues. Later on, as the Amsterdam legislator issued ordinances on these themes, this function declined. Yet, references to the Antwerp law book were still common in the eighteenth century, although they were more a consequence of a cultural attraction than of an actual application of the Brabant law book.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
In: The Company in Law and Practice: Did Size Matter? (Middle Ages-Nineteenth Century)
In: Understanding the Sources of Early Modern and Modern Commercial Law
In: Understanding the Sources of Early Modern and Modern Commercial Law

Summary

In the County of Holland, in the sixteenth and seventeenth centuries the rules regarding security interests in movables changed fundamentally. Rules of doctrine came to be combined with rules found in local law, that is the bylaws of cities and regions. This went together with the re-interpreting of fragments of older bylaws. In 1631 Grotius’ Inleidinghe categorized the lien of the unpaid seller after delivery of the merchandise sold as entailing a reivindicatio. This new rule was adopted in cities in Holland, even though it ran counter the earlier approach that third-party effects of sales in this regard were very limited. Also, the new line of thought that holders with a legitimate title did not respond to pledgees pushed out older conceptions on tracing for some special pledges. In their legal writings Dutch authors after Grotius attempted to construe consistent solutions; in the legislative practice of cities, older rules could be preferred over new ones. Bylaws of cities, to which authors of Roman-Dutch doctrine referred as well, stipulated limits on tracing by unpaid sellers. All the mentioned developments were not determined by changes in the market, even though they could be incited by them. Legal change in Holland, even in the Golden Age of the seventeenth century, was due more to the embracing of academic ideas than to responsiveness to economic conditions.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
In: The Company in Law and Practice: Did Size Matter? (Middle Ages-Nineteenth Century)
In: Understanding the Sources of Early Modern and Modern Commercial Law