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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.

first status quaestionis – Much has already been written on the emergence and development of a commercial law in the early modern period. Certain developments in the learned literature of ius commune concerning loans, annuity contracts, the transfer of bonds, partnership agreements and the

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

influential sources of law. 51 An early exception was the work by Woldemar Engelmann on the essential role of the consultations for the reception of the ius commune in Italian legal practice. He especially pointed at the importance of consilia for judges who wanted to avoid their liability under the

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

practice. Consequently, if certain techniques – like endorsement or assignaties of the Wisselbank – did not give rise to printed consilia and decisiones , they are not dealt with in depth. §2 Cession and Assignment A Introduction Introductory remarks: Ius commune and particular law – This first

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

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)

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)

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)