ACCTG 1 Lecture Notes - Lecture 15: Pacta Sunt Servanda, Medieval Roman Law, Jean Domat
Document Summary
Contract law in the period of reception and ius commune. In 18th century, the freedom of contract became a political maxim (economic freedom) In 19th century, contract was seen as a tool to establish obligations and rights. In 20th century, contracts create obligations on a wider scale. Pacta sunt servanda all agreements must be honoured: the principle was not recognized in customary and roman law, original meaning is stipulated in praetorian edict the principle only referred to debt/postponement of payment. Canon law: 17th century france principle accepted by dumoulin and loisel, 16th century germany principle restricted to well-deliberated" agreements by. Zasius; wesenbecius stated that naked pacta must be enforceable in secular courts too. Hugo grotius: one of the most important natural law writers; he was influenced by theologians from the 16th century and the middle ages, moral theologians their concern was to give moral norms.
