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Articles 1 - 6 of 6
Full-Text Articles in Law
Bending The Code Civil: Married Women, Their Capacity To Engage In Contracts And The Partnership Between Spouses (C. 1804-C. 1865), Dave De Ruysscher
Bending The Code Civil: Married Women, Their Capacity To Engage In Contracts And The Partnership Between Spouses (C. 1804-C. 1865), Dave De Ruysscher
Dave De ruysscher
It is surprising but true that in the course of the nineteenth century a more softened interpretation of the stubborn provisions of the 1804 Civil code with regard to married women, which imposed their general incapacity to sign contracts, mostly served economic goals. Judges in nineteenth-century Belgium paid much attention to the interests of creditors, who according to the Civil code could be confronted with husbands' rejections of contracts that had been signed by their wives. It was the acknowledgement of creditors' needs that had the indirect effect of expanding the contractual capacity of wives and not a search for …
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
Dave De ruysscher
Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets …
Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher
Dave De ruysscher
In this contribution it is demonstrated how in the seventeenth and eighteenth centuries Dutch rules concerning negotiable credit instruments (i.e., bills obligatory to bearer and bills of exchange) transformed financial law throughout the European continent. The Antwerp and Amsterdam authorities devised precepts of law on such issues that went against substantial principles of the academic ius commune. In the course of the seventeenth century, the former’s success brought about their insertion into financial legislation of German cities. This phenomenon came along with a new comparative approach of legislators in the whole of Europe, which was typical of that period. During …
L’Acculturation Juridique Des Pratiques Commerciales À Anvers. L’Exemple De La Lettre De Change (Xvie-Xviie Siècle), Dave De Ruysscher
L’Acculturation Juridique Des Pratiques Commerciales À Anvers. L’Exemple De La Lettre De Change (Xvie-Xviie Siècle), Dave De Ruysscher
Dave De ruysscher
The contents of legal rules regarding commerce that applied in sixteenth-century Antwerp clearly show that they were crafted by jurists. During a process of creation of rules, university-trained compilers of the Antwerp law combined merchants' practices with academic legal concepts. The normative framework relating to bills of exchange provides an excellent example of this legal acculturation. When referring to the rights of the holder and beneficiary of a bill of exchange, Antwerp jurists described the latter's position as being 'in rem suam'. That formula came from academic literature concerning the Roman-law 'procurator in rem suam', which was an agent collecting …
Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher
Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher
Dave De ruysscher
During the seventeenth and eighteenth centuries, the urban law of Antwerp that had been written down in a 1582 law book influenced the law of the city of Amsterdam. Although the Antwerp law has often been considered as the law in force in the Amstel city in that period, its role was actually more limited. At the end of the sixteenth century and during the first half of the seventeenth century, sections contained in the 1582 Antwerp compilation were used by the Amsterdam judges as common and subsidiary applicable rules for certain commercial issues. Later on, as the Amsterdam legislator …
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Dave De ruysscher
In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.