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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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Doctoribus bona dona danda sunt1: Actions to Recover Unpaid Legal Fees

Doctoribus bona dona danda sunt1: Actions to Recover Unpaid Legal Fees

Chapter:
(p.277) 11 Doctoribus bona dona danda sunt1: Actions to Recover Unpaid Legal Fees
Source:
The Creation of the Ius Commune
Author(s):

James A Brundage

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638970.003.0021

Securing payment of fees for legal work done often proves tricky for lawyers. This chapter shows how the medieval lawyers negotiated the quicksand to develop actions for payment of fees based on Roman legal foundations. Medieval lawyers either adapted Roman contract law to force clients to part with the fees they owed or else, in the case of the nudum pactum, they ‘used a few Roman bricks in order to create a totally un-Roman edifice’.

Keywords:   legal fees, payment, medieval lawyers, Roman contract law

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