Early modern comparative contract law

Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici ('differences between civil and canon law'). Similar topics were covered in both late medieval and early modern differentiae - hence this genre offers a good opport...

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Bibliographic Details
Published inComparative legal history (Hart Publishing (Oxford, England)) Vol. 12; no. 1; pp. 4 - 28
Main Author Alexandrowicz, Piotr
Format Journal Article
LanguageEnglish
Published Routledge 02.01.2024
Subjects
canon law
comparative method
contract law
Roman law
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ISSN2049-677X
2049-6788
DOI10.1080/2049677X.2024.2349850

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Summary:Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici ('differences between civil and canon law'). Similar topics were covered in both late medieval and early modern differentiae - hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws.
ISSN:2049-677X
2049-6788
DOI:10.1080/2049677X.2024.2349850