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Sale Breaks Hire - or Does It? Medieval Foundations of the Roman-Dutch Concept

Sale Breaks Hire - or Does It? Medieval Foundations of the Roman-Dutch Concept 287 SALE BREAKS HIRE - OR DOES IT? MEDIEVAL FOUNDATIONS OF THE ROMAN-DUTCH CONCEPT by E.J.H. SCHRAGE (Amsterdam)* The Roman-Dutch law of land-lease is composed of two elements: Roman law as it was taught by the Glossators, the Commentators and the humanist jurists from the 12th century onwards, and, secondly, the prevailing local Dutch law, mainly formulated in statutory law. In the works of the Roman-Dutch jurists we find numerous references to these Glossators and Commentators, both collec- tively under headings such as glossa or doctores communes, and to individual authors, such as Bartolus or Baldus, as well as to the leading 16th-century hu- manists, such as Cujacius, Donellus, Hotmannus and Wesenbecius. As far as the legal practice of the Netherlands is concerned, numerous references are to be found to collections of decisions, e.g. P. Christinaeus, Practicarum quaestionum ... decisiones, first edition Antwerp 1626, second edition 1633 - 1636, or C. Neostadius, Utriusque Hollandiae, Zelandiae Frisiaeque Curiae decisiones, the Hague 1667. The combination of these two elements gave rise to a new type of scholarly lit- erature : systematic treatises covering a certain coherent part of the actual law: compendium, syntagma or tractatus. This type of more or http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit Brill

Sale Breaks Hire - or Does It? Medieval Foundations of the Roman-Dutch Concept

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Publisher
Brill
Copyright
© 1986 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0040-7585
eISSN
1571-8190
DOI
10.1163/157181986X00158
Publisher site
See Article on Publisher Site

Abstract

287 SALE BREAKS HIRE - OR DOES IT? MEDIEVAL FOUNDATIONS OF THE ROMAN-DUTCH CONCEPT by E.J.H. SCHRAGE (Amsterdam)* The Roman-Dutch law of land-lease is composed of two elements: Roman law as it was taught by the Glossators, the Commentators and the humanist jurists from the 12th century onwards, and, secondly, the prevailing local Dutch law, mainly formulated in statutory law. In the works of the Roman-Dutch jurists we find numerous references to these Glossators and Commentators, both collec- tively under headings such as glossa or doctores communes, and to individual authors, such as Bartolus or Baldus, as well as to the leading 16th-century hu- manists, such as Cujacius, Donellus, Hotmannus and Wesenbecius. As far as the legal practice of the Netherlands is concerned, numerous references are to be found to collections of decisions, e.g. P. Christinaeus, Practicarum quaestionum ... decisiones, first edition Antwerp 1626, second edition 1633 - 1636, or C. Neostadius, Utriusque Hollandiae, Zelandiae Frisiaeque Curiae decisiones, the Hague 1667. The combination of these two elements gave rise to a new type of scholarly lit- erature : systematic treatises covering a certain coherent part of the actual law: compendium, syntagma or tractatus. This type of more or

Journal

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill

Published: Jan 1, 1986

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