Principles of Political Economy, Vol. 2Roscher, Wilhelm
General
Principles of Political Economy, Vol. 2
Roscher, Wilhelm
Economics
[Footnote 191-5: The mutual right of cancellation
(_Kündbarkeit_) in the case of these contracts during
periods poor in capital and credit, would easily have ruined
the debtor. Compare _J. Möser_, Patr. Ph., II, No. 18. Hence
municipal rights in the latter part of the middle ages,
which in many other respects are so antagonistic to Rome,
have seldom anything to object to its measures in this
matter.]
[Footnote 191-6: A reason why, as _A. Strüver_ remarks, the
Church which was more a creditor than a debtor, never
approved the Weddeschat above mentioned.]
[Footnote 191-7: The institution of rent-purchase
(_Rentekauf_) was already developed in the Hanse cities at
the beginning of the fourteenth century. (_Stobbe_, in the
Zeitschr. f. deutsches Recht, XIX, 189 ff.) About 1420, the
bishops of Silesia inquired of the Pope, whether such
contracts which had been the practice in Silesia for a
century were lawful. The answer was a favorable one,
although he left the rate of interest free in this
particular case (Extr. Com. III, 5, 1, 2); after _Alexander
IV._, however, as early as 1258, had instructed inquisitors
not to take part in litigations concerning usurious
contracts. Formerly all such contracts were prohibited in
express terms. (Decret. Greg., V. 19, 1, 2), although, in
France, the ordinances of Louis IX. and Louis X. (1254 and
1315) had established fixed rates of interest therefor.
Between pledge and rent-purchase, the right of the (virtual)
loaner to expel the (virtual) borrower, which after fell
into disquietude, occupies, so to speak, a middle place.
(Compare _Eichhorn_, D. St.- und R.-Gesch., II, § 361, a
III, § 450.) It was decreed, in France, in 1565, that all
rent in kind should be converted into money rent.
(_Warnkönig_, Franz., St.- und R.-Gesch., II, 585 ff.)]
[Footnote 191-8: Magnum Bullar. Roman., II, 295.]
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