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


Author: Wouter Druwé
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.

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Wouter Druwé (1991) is assistant professor of Roman law and legal history at KU Leuven. He read law (Ph.D. 2018, MLaw 2013), canon law (JCL 2018) and theology (BA 2013). He mainly studies the ius commune in the Low Countries.
 §1Need for Credit in the Golden Age(s) and Its Normative Framework
 §2Research Questions
 §3Methodological Considerations
1Consilia and Decisiones in the Low Countries
 §2Consilia and Decisiones: A General Framework
 §3 Consilia in the Low Countries
 AThe first Printed Consilia: Nicolaas Everaerts and Angelus a Sancto Ioanne
 BLeuven Law Professors and Their Consultation Practice (ca. 1550 – 1590)
 CLearned Legal Practitioners: The Kinschot Family (ca. 1580 – 1650) and Antoon Anselmo
 DA Humanist Counsellor: Jean de Deckher de Walhorn (1583–1646)
 ELearned Consultations by a Canon Lawyer: Franciscus Zypaeus (1580–1650)
 FJacob Coren
 GThe Hollandic and Utrecht Consultations: Disordered and Varied Collections
 §4 Decisiones in the Low Countries
 ACollections of Decisiones from the Northern Low Countries
 BPrinted Collections of Decisiones from the Southern Low Countries
2Simple Money Lending and the Taking of Interest
 §2Money Loans and the Law of Evidence
 AProof of Original Payment of the Capital
 BProof of Mutual Intention
 COther Impediments to a Claim for Restitution: The S.C. Macedonianum
 DProof of Repayment of the Money Lent
 §3The Taking of Interest
 BContractually Stipulated Interest for the Duration of a (money) Loan
 CInterest in Case of Default (mora)
 DSome Questions on the Proof of Usury
3Sale of Annuities
 §2Constitution of Annuities
 §3Enforcement of Annuities: The Issue of Prescription
 §4Redemption, Reduction and Forced Restitution of Annuities
 ARedeemability and Reductibility by the Seller of the Annuity
 BReduction of Annuities Through the Enactment of Tax Legislation
 CForced Restitution of the Capital
4Transfer of Bonds and Claims
 §2Cession and Assignment
 BProof of a Cession: Transfer and Causa
 CAlternative Causae for the Transfer of a Bond
 DConsequences of a Cession and Its Revocability
 ERecourse Liability
 FLegal Remedies by the Ceded Debtor
 GIntermediate Conclusion
 §3Delegation and Novation
 AIntroductory Remarks
 BProof of Novation
 CRecourse Liability
 DLegal Remedies by a Delegated Debtor
 EIntermediate Conclusion
 §4Bonds to Bearer
 BThe Solution of the Ius Commune
 CThe causa of the Transfer
 DLegal Remedies by the Debtor Against the Bearer
 ERecourse Liability by the Bearer Against the Transferor
 FQuestions of Proof
 GIntermediate Conclusion
 §5Bills of Exchange
 BAcceptance by the Drawee
 CLiability of the Drawer
 DLiability of the Remitter of a Bill of Exchange
 EBills of Exchange and Usury
 FDetermination of the Exchange Rate
 GIntermediate Conclusion
5Partnerships, Representation and Sea Loans
 §2The Law of Partnerships
 AFoundation of Partnerships
 BLiability of Partners vis-à-vis Third Parties
 CRelationship between Partners
 DLeonine Clauses and Triple Contracts
 ETrade in Shares
 §3Representation in Financial Affairs
 AIntroductory Remarks
 BClaims by Principals and/or Agents
 CClaims against the Principal
 DA mandate should not Harm the Institor
 §4Sea Loans ( faenus nauticum)
6Monetary Fluctuations and Debts
 §2One-time Payments
 AIntroductory Remarks
 BCoinage to be Used
 CApplicable Rate or Valuation
 DIntermediate Conclusion
 §3Recurring Payments
 AIntroductory Remarks
 BRate of Payment: Relevant Location
 CRate of Payment: Relevant Time
 §1Research Questions and the Core Sources
 §2The Evolution of the Normative Framework on Loans and Credit: A Summary
 §3Transregional Multinormativity
 §4Moral Theology
 §5North and South: An Age of Estrangement?
 §6Consilia and Decisiones
 §7Open Questions
 Netherlandish Sources of Learned Legal Practice: The Core Material
 Other Primary Sources
 Customary Law and Ordinances
 Legal Historical Literature
All interested in the legal history of the Low Countries, in their social and economic history, in the European history of commercial law, and in the history of universities.