Towards the Medieval Law of Hypothec

Paul J du Plessis

in The Creation of the Ius Commune

Published by Edinburgh University Press

Published in print July 2010 | ISBN: 9780748638970
Published online March 2012 | e-ISBN: 9780748651481 | DOI:
Towards the Medieval Law of Hypothec

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This chapter makes a modest contribution to modern understanding of the law of hypothec by investigating a single aspect of this legal institution and its transmission into medieval learned law. The investigation focuses on the manner in which the medieval jurists engaged with a particular rule of law and the way in which they developed it. The argument is divided into two sections. First, an account of the Roman law of hypothec is provided in order to explain the context of the rule in question. Secondly, the transmission of this rule into medieval learned law is examined.

Keywords: medieval learned law; medieval jurists; rule of law; Roman law

Chapter.  8861 words. 

Subjects: History of Law

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