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Between Mutuum and Depositum: Deposit of Money under Ius Commune

Publication at Faculty of Law |
2022

Abstract

This lecture presents opinions of three medieval and early modern civil lawyers on the deposit of fungibles, namely those of Accursius contained in Glossa ordinaria, Paulus Castrensis and Philippus Decius. The first of these considered deposit of fungibles to be a deposit contract, the second one did so only under some circumstances and the last one was against this idea and considered it the loan for consumption.

Finally, a short conclusion is given. A detailed textual version shall follow.