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.

• AcknowledgementsIntroduction§1Need for Credit in the Golden Age(s) and Its Normative Framework§2Research Questions§3Methodological Considerations§4Structure1Consilia and Decisiones in the Low Countries§1Introduction§2Consilia and Decisiones: A General FrameworkAConsiliaBDecisiones§3Consilia in the Low CountriesAThe first Printed Consilia: Nicolaas Everaerts and Angelus a Sancto IoanneBLeuven Law Professors and Their Consultation Practice (ca. 1550 – 1590)CLearned Legal Practitioners: The Kinschot Family (ca. 1580 – 1650) and Antoon AnselmoDA Humanist Counsellor: Jean de Deckher de Walhorn (1583–1646)ELearned Consultations by a Canon Lawyer: Franciscus Zypaeus (1580–1650)FJacob CorenGThe Hollandic and Utrecht Consultations: Disordered and Varied Collections§4Decisiones in the Low CountriesACollections of Decisiones from the Northern Low CountriesBPrinted Collections of Decisiones from the Southern Low Countries§5Conclusion2Simple Money Lending and the Taking of Interest§1Introduction§2Money Loans and the Law of EvidenceAProof of Original Payment of the CapitalBProof of Mutual IntentionCOther Impediments to a Claim for Restitution: The S.C. MacedonianumDProof of Repayment of the Money Lent§3The Taking of InterestAIntroductionBContractually Stipulated Interest for the Duration of a (money) LoanCInterest in Case of Default (mora)DSome Questions on the Proof of UsuryESanctions§4Conclusion3Sale of Annuities§1Introduction§2Constitution of Annuities§3Enforcement of Annuities: The Issue of Prescription§4Redemption, Reduction and Forced Restitution of AnnuitiesARedeemability and Reductibility by the Seller of the AnnuityBReduction of Annuities Through the Enactment of Tax LegislationCForced Restitution of the Capital§5Conclusion4Transfer of Bonds and Claims§1Introduction§2Cession and AssignmentAIntroductionBProof of a Cession: Transfer and CausaCAlternative Causae for the Transfer of a BondDConsequences of a Cession and Its RevocabilityERecourse LiabilityFLegal Remedies by the Ceded DebtorGIntermediate Conclusion§3Delegation and NovationAIntroductory RemarksBProof of NovationCRecourse LiabilityDLegal Remedies by a Delegated DebtorEIntermediate Conclusion§4Bonds to BearerAIntroductionBThe Solution of the Ius CommuneCThe causa of the TransferDLegal Remedies by the Debtor Against the BearerERecourse Liability by the Bearer Against the TransferorFQuestions of ProofGIntermediate Conclusion§5Bills of ExchangeAIntroductionBAcceptance by the DraweeCLiability of the DrawerDLiability of the Remitter of a Bill of ExchangeEBills of Exchange and UsuryFDetermination of the Exchange RateGIntermediate Conclusion§6Conclusion5Partnerships, Representation and Sea Loans§1Introduction§2The Law of PartnershipsAFoundation of PartnershipsBLiability of Partners vis-à-vis Third PartiesCRelationship between PartnersDLeonine Clauses and Triple ContractsETrade in Shares§3Representation in Financial AffairsAIntroductory RemarksBClaims by Principals and/or AgentsCClaims against the PrincipalDA mandate should not Harm the Institor§4Sea Loans (faenus nauticum)§5Conclusion6Monetary Fluctuations and Debts§1Introduction§2One-time PaymentsAIntroductory RemarksBCoinage to be UsedCApplicable Rate or ValuationDIntermediate Conclusion§3Recurring PaymentsAIntroductory RemarksBRate of Payment: Relevant LocationCRate of Payment: Relevant Time§4ConclusionConclusion§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 QuestionsBibliographyNetherlandish Sources of Learned Legal Practice: The Core MaterialOther Primary SourcesCustomary Law and OrdinancesLegal Historical LiteratureIndex