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Theologians and Contract Law

The Moral Transformation of the Ius Commune (ca. 1500-1650)

Series:

Wim Decock

The Roman legal tradition is the ancestor of modern contract law but there is no agreement as to how and when a general law of contract emerged. Wim Decock’s thesis is that an important step in this evolution was taken by theologians in the sixteenth and seventeenth centuries. They transformed the Roman legal tradition (ius commune) by insisting on the moral foundations of contract law. Theologians emphasized that the enforceability of contracts is based on voluntary consent and that a contract should not enrich one party at another's expense. While their main concern was the salvation of souls, theologians played a key role in the development of a systematic contract law in which the founding principles were freedom and fairness.

Theologians and Contract Law is winner of the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation) as well as the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. Decock's book is also awarded the "Juristisches Buch des Jahres" (Law book of the year) by Neue Juristische Wochenschrift (47/2013: 3420).

Series:

Wouter Druwé

the technique with references to the papal bull Detestabilis avaritia of 1586. Interestingly, we also discovered that the Northern Netherlandish jurist Hugo Grotius during his Paris exile and the Protestant theologian Gysbert Voet seemed to support the technique of the triple contract too. Finally

Series:

Wouter Druwé

development of modern financial techniques through a great deal of creative reasoning. The important influence of Catholic moral theologians in the field of contract law has been proven. 15 Research has shown that these questions were actively dealt with in the early modern Protestant world as well. 16 a

Series:

Wouter Druwé

the 1608 Consuetudines Compilatae . Interestingly, the Catholic moral theological literature on the contractus trinus was also received in the Dutch Republic, for instance in a consultation by Hugo Grotius and in a treatise by the Dutch Protestant theologian Gysbert Voet. In the final part of the

Series:

Wouter Druwé

never been received in the Low Countries. 1451 In the published volumes of Netherlandish learned legal practice, only one single example could be found of a counsellor who argued that purely personal annuities were prohibited, namely the Protestant Hollandic lawyer Pieter van der Meulen (fl. 1614

Series:

Wouter Druwé

needed or at least asked the consent of the States of Holland, which it received on 28 April 1635. 1035 In the late sixteenth century, several reformed Churches had excluded the operators of the mensae from their services. Around 1637, the Protestant pastor of the town of Brielle, Johannes Cloppenburg