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The Payment Order of Antiquity and the Middle Ages - A Legal History (Hardcover, New)
Loot Price: R6,064
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The Payment Order of Antiquity and the Middle Ages - A Legal History (Hardcover, New)
Series: Hart Monographs in Transnational and International Law
Expected to ship within 12 - 17 working days
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Examining the legal history of the order to pay money initiating a
funds transfer, the author tracks basic principles of modern law to
those that governed the payment order of Antiquity and the Middle
Ages. Exploring the legal nature of the payment order and its
underpinning in light of contemporary institutions and payment
mechanisms, the book traces the evolution of money, payment
mechanisms and the law that governs them, from developments in
Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt,
through medieval Europe and post-medieval England. Doctrine is
examined in Jewish, Islamic, Roman, common and civil laws.
Investigating such diverse legal systems and doctrines at the
intersection of laws governing bank deposits, obligations, the
assignment of debts, and negotiable instruments, the author
identifies the common denominator for the evolving legal principles
and speculates on possible reciprocity. At the same time he
challenges the idea of 'law merchant' as a mercantile creation. The
book provides an account of the evolution of payment law as a
distinct cohesive body of legal doctrine applicable to funds
transfers. It shows how principles of law developed in tandem with
the evolution of banking and in response to changing circumstances
and proposes a redefinition of 'law merchant'. The author points to
deposit banking and emerging technologies as embodying a great
potential for future non-cash payment system growth. However, he
recommends caution in predicting both the future of deposit banking
and the overall impact of technology. At the same time he expresses
confidence in the durability of legal doctrine to continue to
evolve and accommodate future payment system developments.
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