2004
Volume 22, Issue 1
  • ISSN: 1566-7146
  • E-ISSN: 2667-1611

Abstract

Summary

Old Dutch law illustrates the dynamics in law between ‘own’ and ‘other’ law, between universality and particularity, private and public interests.

fn1Dit opstel is een bewerking van de rede gehouden ter gelegenheid van de aanvaarding van de eerste wisselleerstoel Oudvaderlands recht, uitgesproken aan de Universiteit Gent op 6 december 2018.

The stranger happened to be underprivileged in old Dutch substantive as well as procedural private law – more and longer than usually thought. In paricular strangers from near and far were easily taken into debtor’s arrest, on their person and property, based on the creditor’s own local and customary law. Out of the amalgam of old Dutch law the Learned (Roman) law counterbalanced post factum by providing fundamental arguments of universal value against debtor’s arrest, on the free market of trade and law.

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