Theologians and Contract Law (The Moral Transformation of the Ius Commune (ca. 1500-1650))
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Product Details
Author:
Wim Decock
Format:
Paperback
Pages:
724
Publisher:
Brill (November 15, 2023)
Imprint:
Brill | Nijhoff
Language:
English
Audience:
Professional and scholarly
ISBN-13:
9789004536777
ISBN-10:
9004536779
Weight:
37.6oz
Dimensions:
6.1" x 9.25"
File:
TWO RIVERS-PERSEUS-Metadata_Only_Perseus_Distribution_Customer_Group_Metadata_20260505163222-20260505.xml
Folder:
TWO RIVERS
List Price:
$88.00
Country of Origin:
Netherlands
Series:
Legal History Library
As low as:
$83.60
Publisher Identifier:
P-PER
Discount Code:
H
Pub Discount:
35
Overview
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).
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).
