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The Creation of the Ius CommuneFrom Casus to Regula$
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John W. Cairns and Paul J. du Plessis

Print publication date: 2010

Print ISBN-13: 9780748638970

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638970.001.0001

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Towards the Medieval Law of Hypothec

Towards the Medieval Law of Hypothec

(p.159) 7 Towards the Medieval Law of Hypothec
The Creation of the Ius Commune

Paul J du Plessis

Edinburgh University Press

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

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