Theologians and Contract Law
The Moral Transformation of the Ius Commune (ca. 1500-1650)
Biographical note
Wim Decock (1983), Ph.D. in Law (2011), KU Leuven and Roma Tre, is a Senior Researcher at the Max-Planck-Institute for Legal History in Frankfurt/Main (LOEWE Research Focus Judicial and Extrajudicial Conflict Resolution) and a Guest Lecturer at KU Leuven.
Readership
All interested in the history of law, moral theology, economic thought, and also those reflecting on the relationship between freedom and justice, Church and State, market morality and capitalism.
Table of contents
Acknowledgment
Prologue
Notes on the Text and its Modes of Reference
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
Bibliography
Index
Prologue
Notes on the Text and its Modes of Reference
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
Bibliography
Index
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Amnon Altman, Bar-Ilan University
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Tilmann J. Röder, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
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Tetsuya Toyoda, Akita International University
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Janwillem Oosterhuis, Maastricht University
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Tessa G. Leesen, Catholic University of Leuven, Belgium
The 'school controversies' between the Sabinians and the Proculians continue to be the focus of debate in Roman law. The present volume attempts to determine what gave rise to these controversies by associating them with legal practice and the use of topic-related argumentation.
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Edited by Jan Hallebeek & Harry Dondorp, VU University Amsterdam
This study deals with the concept of contracts for a third-party beneficiary, which is nowadays generally accepted in Western European jurisdictions. The subject is discussed in its development through the ages as well as from the perspective of present-day comparative law.
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