Gelehrtes Recht oder gelebte Praxis? Kaufleute und ihre Vertreter im späten Mittelalter
Abstract Merchants in late medieval Antwerp worked with a number of different representatives: They appointed proxies to trade on their behalf, to collect debts in their name or to represent them in court. If a merchant wanted to authorize another person to act on his behalf, he went to a notary who...
| Veröffentlicht in: | Das Mittelalter. - De Gruyter Akademie Forschung, 1996. - 25(2020), 1 vom: 03. Juni, Seite 103-118 |
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| 1. Verfasser: | |
| Format: | Aufsatz |
| Veröffentlicht: |
2020
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| Zugriff auf das übergeordnete Werk: | Das Mittelalter |
| Zusammenfassung: | Abstract Merchants in late medieval Antwerp worked with a number of different representatives: They appointed proxies to trade on their behalf, to collect debts in their name or to represent them in court. If a merchant wanted to authorize another person to act on his behalf, he went to a notary who issued a letter of procuration. The article discusses the role of Roman law in these procurations. It contrasts the procurations issued by the notaries with other models for procurations found in a form book for notaries in Antwerp. The analysis comes to the conclusion that the basic idea of installing a proxy did not rely on Roman law. However, knowledge of Roman law was crucial if someone wanted to be represented in a Roman law court. Furthermore, concepts derived from Roman law were applied when complicated problems or phenomena had to be shortened to a few words. In sum, the practice of including phrases and concepts of Roman law wherever they proved useful can be regarded as a part of the lex mercatoria, the customary law of merchants. |
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| Beschreibung: | © 2020 Walter de Gruyter GmbH, Berlin/Boston |
| ISSN: | 0949-0345 |
| DOI: | 10.1515/mial-2020-0008 |