Plane nostris moribus: customary financing on future salary by the Dutch East India Company
Summary Transferring claims has traditionally been a dogmatic near impossibility in the civilian institutional tradition. In practice, however, contractual creativity provided space to develop a variety of mechanisms for transferring claims. Our paper explores such a mechanism, which financed the seamen of the Dutch East India Company ( voc ), on the basis of their claims to future salary. The associated document, the so-called transportbrief , started from a seaman’s debt, which by mandate the Company accepted to pay to the bearer of the document, if conditions as performance of labor obligat... Mehr ...
Verfasser: | |
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Dokumenttyp: | Artikel |
Erscheinungsdatum: | 2023 |
Reihe/Periodikum: | Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review ; volume 91, issue 1-2, page 143-169 ; ISSN 0040-7585 1571-8190 |
Verlag/Hrsg.: |
Brill
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Schlagwörter: | Law / History |
Sprache: | unknown |
Permalink: | https://search.fid-benelux.de/Record/base-27031902 |
Datenquelle: | BASE; Originalkatalog |
Powered By: | BASE |
Link(s) : | http://dx.doi.org/10.1163/15718190-2023xx07 |
Summary Transferring claims has traditionally been a dogmatic near impossibility in the civilian institutional tradition. In practice, however, contractual creativity provided space to develop a variety of mechanisms for transferring claims. Our paper explores such a mechanism, which financed the seamen of the Dutch East India Company ( voc ), on the basis of their claims to future salary. The associated document, the so-called transportbrief , started from a seaman’s debt, which by mandate the Company accepted to pay to the bearer of the document, if conditions as performance of labor obligations were met. Payment practice itself was carefully orchestrated by resolutions of the voc board, the Heeren xvii , thereby tailoring market and law according to the various interests involved.