The payment order of antiquity and the middle ages : a legal history / Benjamin Geva.

Format:

Book

Author/Creator:

Geva, Benjamin, 1946-

Contributor:

Louis A. Duhring Fund.

Series:

Hart monographs in transnational and international law ; v. 6.

Hart monographs in transnational and international law ; v. 6

Language:

English

Subjects (All):

Payment--History.

Payment.

Transfer payments--Law and legislation--History.

Transfer payments.

Negotiable instruments--History.

Negotiable instruments.

Banks and banking--History.

Banks and banking.

History.

Transfer payments--Law and legislation.

Physical Description:

xlvi, 736 pages : illustrations ; 24 cm.

Place of Publication:

Oxford ; Portland, Or. : Hart Publishing, 2011.

Summary:

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, Greco-Roman Egypt, Continental Europe and 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, speculates on possible reciprocity, and yet challenges the idea of a 'law merchant' as a mercantile creation. Ultimately the book pr

Contents:

Money, payment in money, and the order to pay money

Money and monetary legal theory in antiquity and the Middle Ages

Funds transfer in antiquity : instruments, institutions and mechanisms

Deriving history from law : are cheques traceable to the Talmud?

The payment order under Roman law

The medieval Hawale : the legal nature of the Suftaj and other Islamic payment instruments

Funds transfer under Talmudic law : orthodoxy and adaptation

Payment orders in medieval continental Europe : book transfers and bills of exchange

Payment orders under English common law : the bailment of money and the "reception" of the bill of exchange

Evolution and transformation : the birth of the modern payment system in post-medieval England

Turning the wheels of post-medieval change : paper circulation and negotiatbility under English law

Staying on course : the footprint of ancient and medieval doctrine and practice on modern payment laws

Epilogue : From barter to electronic funds transfers and the role of law.

Notes:

Includes bibliographical references (pages [687]-711) and index.

Local Notes:

Acquired for the Penn Libraries with assistance from the Louis A. Duhring Fund.

ISBN:

1849460523

9781849460521

OCLC:

727704262

Publisher Number:

99946276357