“Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice
Debt enforcement is always an area of law of great practical importance, and the European Middle Ages were not an exception in this regard. A lot of attention has been dedicated to the technicalities of debt enforcement in France, Italy, the Low Countries, etc. And yet, not enough attention has been...
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| Language: | fra |
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Association Clio et Themis
2024-11-01
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| Series: | Clio@Themis |
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| Online Access: | https://journals.openedition.org/cliothemis/5407 |
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| author | Ilya A. Kotlyar |
| author_facet | Ilya A. Kotlyar |
| author_sort | Ilya A. Kotlyar |
| collection | DOAJ |
| description | Debt enforcement is always an area of law of great practical importance, and the European Middle Ages were not an exception in this regard. A lot of attention has been dedicated to the technicalities of debt enforcement in France, Italy, the Low Countries, etc. And yet, not enough attention has been paid to the ways in which the medieval learned doctrine was being adapted to the legal practice. Executive pacts, non-alienation clauses, excussio bonorum, constitutum possessionis – these topics were seen as a “matter of everyday importance”. This article explores how the juxtaposition of general and special hypothec arose in the works of medieval learned jurists and argues that it was inspired by the legal practice of contemporary Italy and France. |
| format | Article |
| id | doaj-art-6e334f53ef5846bd8d3b1e230503d608 |
| institution | DOAJ |
| issn | 2105-0929 |
| language | fra |
| publishDate | 2024-11-01 |
| publisher | Association Clio et Themis |
| record_format | Article |
| series | Clio@Themis |
| spelling | doaj-art-6e334f53ef5846bd8d3b1e230503d6082025-08-20T03:08:10ZfraAssociation Clio et ThemisClio@Themis2105-09292024-11-012710.4000/12qyr“Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practiceIlya A. KotlyarDebt enforcement is always an area of law of great practical importance, and the European Middle Ages were not an exception in this regard. A lot of attention has been dedicated to the technicalities of debt enforcement in France, Italy, the Low Countries, etc. And yet, not enough attention has been paid to the ways in which the medieval learned doctrine was being adapted to the legal practice. Executive pacts, non-alienation clauses, excussio bonorum, constitutum possessionis – these topics were seen as a “matter of everyday importance”. This article explores how the juxtaposition of general and special hypothec arose in the works of medieval learned jurists and argues that it was inspired by the legal practice of contemporary Italy and France.https://journals.openedition.org/cliothemis/5407Ius Communeexecutive pactsgeneral and special hypothecsnon-alienation clausesliquidation |
| spellingShingle | Ilya A. Kotlyar “Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice Clio@Themis Ius Commune executive pacts general and special hypothecs non-alienation clauses liquidation |
| title | “Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice |
| title_full | “Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice |
| title_fullStr | “Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice |
| title_full_unstemmed | “Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice |
| title_short | “Generalis hypotheca est modici praeiudicii”: The adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice |
| title_sort | generalis hypotheca est modici praeiudicii the adaptation of late medieval ius commune doctrine on the enforcement of obligations to contemporary legal practice |
| topic | Ius Commune executive pacts general and special hypothecs non-alienation clauses liquidation |
| url | https://journals.openedition.org/cliothemis/5407 |
| work_keys_str_mv | AT ilyaakotlyar generalishypothecaestmodicipraeiudiciitheadaptationoflatemedievaliuscommunedoctrineontheenforcementofobligationstocontemporarylegalpractice |