Buch, Englisch, 448 Seiten, Format (B × H): 155 mm x 236 mm, Gewicht: 796 g
The Historical Evolution of Pignus and Hypotheca
Buch, Englisch, 448 Seiten, Format (B × H): 155 mm x 236 mm, Gewicht: 796 g
Reihe: Oxford Studies in Roman Society & Law
ISBN: 978-0-19-969583-6
Verlag: Sinauer Associates Is an Imprint of Oxford University Press
the Roman legal system. The evolution of the Roman law of real security, well known through the legal sources (Justinian's Digest and Code), is reconstructed, while matching it with actual banking practices, in particular the secured lending transactions documented in the archive of the Sulpicii. In the late classical period
the imperial chancery increasingly interfered with it in order to provide a considerable degree of protection to debtors. The (largely but certainly not completely) spontaneous evolution of Roman law produced a law of secured transactions which was highly sophisticated and versatile, allowing non-possessory security, multiple charges, pledges of receivables, antichretic pledges, and even floating charges over a dynamic fund of assets. Since legal systems often adapt in reaction to impulses from
their economic environment, the complexity of the Roman law of real security indicates that pignus and hypotheca did play a significant role in the Roman economy. It will be shown that this role was generally a positive one. Its main weaknesses were lack of publicity and the presence of fiscal
charges: even these weaknesses did not undermine the effectiveness of secured transactions.