What is it about?
The contract doctrine proposed by the Dutch natural lawyer Hugo Grotius played a decisive role in the history of contract law. He investigated the conditions for a legal obligation to arise, vices of the will, the lawfulness of the subject matter, and other essential elements that are still the basis of contract law. My work describes this doctrine and how it was interpreted by scholars in seventeenth century Germany. These scholars were not only jurists, but also theologians.
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Why is it important?
My work examines the German commentaries to Hugo Grotius with reference to his contract doctrine. These writings have never been studied before. They reveal a different perspective of Grotius's contract theory. Grotius amalgamated various, and not always uniform sources, as Catholic moral theology, and the medieval Roman law teachings. My work seeks to understand and explain the legal and theological debate behind Grotius's synthesis and its critical reception.
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This page is a summary of: Grotius’s Contract Theory in the Works of His German Commentators: First Explorations, Grotiana, June 2020, Brill,
DOI: 10.1163/18760759-04101005.
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