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on partnerships and representation in financial affairs. According to the ius commune , a societas was a consensual contract. A written document was not required for validity, but could be very useful to prove the two constitutive elements of a partnership agreement, namely the mutual intention of

In: Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

italicus . Their legal work also had an impact in other European countries such as Holland, Germany, England and, of course, in France. 39 The evolution of commercial law was now linked to the rigorous ius commune frame of reference. Moreover, a few specialized Italian courts, such as the Florentine

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

entity of England, but its jurisdiction covered also other territories of the United Kingdom, including Scotland. The development of the Scots law owed much to the ius commune tradition and therefore also to Roman law. The judicial panels – the Law Lords’ who were deciding the particular cases – were

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

commercial skills of so-called socii tractantes for long-term and onerous economic activities. 2370 definition of a partnership – With references to the titles of the Justinianic compiliation, the concept of partnership was also discussed by learned jurists. In the early modern ius commune , a

In: Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

literature, Grossi’s treatise on pecuniary obligations in ius commune is of special importance. 2649 Only recently did the topic receive new attention. 2650 In 2016, a standard work on Money in the Western Legal Tradition was published. Apart from a general chapter on currency depreciation in medieval

In: Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

or Jumping Board? , Tijdschrift voor Rechtsgeschiedenis , 77 ( 2009 ), 459 – 479 . Dave D e ruysscher : Innovating Financial Law in the Early Modern Netherlands and Europe: Transfers of Commercial Paper and Recourse Liability in Legislation and Ius Commune (Sixteenth to Eighteenth Centuries

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

retraction, except if the counterparty agreed. 589 Once – under the influence of canon law – the principle of pacta sunt servanda became widely accepted in ius commune literature, these pacta were considered binding as well. 590 Nevertheless, as we could not find consilia or decisiones on those

In: Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

ordinances by Charles v , as well as local statutes and customary laws deviated from those longer terms of the ius commune . Thus, Charles v set terms of two and five years, and the customary law of Mechelen provided for a term of three years. 1483 Instead, this section will particularly focus on the

In: Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

has invoked the concept of ius commune , widespread in Ancient Rome. 2 Most likely, there is no better model for such unification within private law than the institution of acquisitive prescription, or usucaption, regarding which there exists a time-honoured, unwritten and global agreement as to its

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)