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Vol 21 No 11 Nov/Dec 2016

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Theologians and Contract Law: The Moral Transformation of the Ius Commune (ca. 1500-1650)

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ISBN13: 9789004232846
Published: December 2012
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £167.00



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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.

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Subjects:
Legal History, Roman Law and Greek Law
Contents:
1 Method and Direction
2 Theologians and Contract Law: Contextual Elements
3 Toward a General Law of Contract
4 Natural Limitations on 'Freedom of Contract'
5 Formal Limitations on 'Freedom of Contract'
6 Substantive Limitations on 'Freedom of Contract'
7 Fairness in Exchange
8 Theologians and Contract Law: Common Themes