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

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.

Acknowledgements

Introduction

 §1Need for Credit in the Golden Age(s) and Its Normative Framework

 §2Research Questions

 §3Methodological Considerations

 §4Structure

 1Consilia and Decisiones in the Low Countries

 §1Introduction

 §2Consilia and Decisiones: A General Framework

 AConsilia

 BDecisiones

 §3Consilia 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

 §4Decisiones in the Low Countries

 ACollections of Decisiones from the Northern Low Countries

 BPrinted Collections of Decisiones from the Southern Low Countries

 §5Conclusion

 2Simple Money Lending and the Taking of Interest

 §1Introduction

 §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

 AIntroduction

 BContractually Stipulated Interest for the Duration of a (money) Loan

 CInterest in Case of Default (mora)

 DSome Questions on the Proof of Usury

 ESanctions

 §4Conclusion

 3Sale of Annuities

 §1Introduction

 §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

 §5Conclusion

 4Transfer of Bonds and Claims

 §1Introduction

 §2Cession and Assignment

 AIntroduction

 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

 AIntroduction

 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

 AIntroduction

 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

 §6Conclusion

 5Partnerships, Representation and Sea Loans

 §1Introduction

 §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)

 §5Conclusion

 6Monetary Fluctuations and Debts

 §1Introduction

 §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

 §4Conclusion

 Conclusion

 §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

 Bibliography

 Netherlandish Sources of Learned Legal Practice: The Core Material

 Other Primary Sources

 Customary Law and Ordinances

 Legal Historical Literature

 Index