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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Theologians and Contract Law: The Moral Transformation of the Ius Commune (Ca. 1500-1650)

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

Decock, Wim

Paperback

General ChristianityGeneral LawGeneral World History

ISBN10: 9004536779
ISBN13: 9789004536777
Publisher: Brill Nijhoff
Published: Nov 15 2023
Pages: 724
Weight: 2.35
Height: 1.60 Width: 6.10 Depth: 9.20
Language: English
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.

Theologians and Contract Law is winner of the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation) as well as the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. Decock's book is also awarded the Juristisches Buch des Jahres (Law book of the year) by Neue Juristische Wochenschrift (47/2013: 3420).

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