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"Religious influences on medieval civil law. The pacta sunt servanda principle in Byzantine and medieval Western law", Colloque Droit et sociétés au Moyen âge, 12-13 septembre 2019, Paris, University of Sorbonne

Activity: Participating in or organising an eventParticipation in conferenceAcademic

Daphne Penna - Invited speaker

Title: Religious influences on medieval civil law. The pacta sunt servanda principle in Byzantine and medieval Western law

Abstract: The rule of the pacta sunt servanda meaning “agreements must be kept” implies that, when two parties willingly and knowingly enter into a contract, the terms of that contract should be upheld by both parties. It is binding. Parties have the freedom to self-determine the content of their contracts and this is what we call freedom of contract in civil law. This is a fundamental principle in modern civil law. The core of modern European civil law -mainly property law and law of obligations- is based on Roman law (England excluded). Yet, the principle pacta sunt servanda, which forms the cornerstone of modern contract law, does not derive from Roman law. How was this nowadays fundamental legal principle born and when? In this paper I will try to show how religious influences played a role in the creation and the development of this principle in the Middle Ages. I will try to show how this legal principle was actually adopted and developed in Byzantium on one hand, and in the Western medieval part of Europe on the other hand. The emphasis will be on Byzantium. The fact that religious influences in both the East and the West played an important role in the birth and development of this principle is fascinating. It is indeed a remarkable example in European legal history where religious practices meet and influence the Western and the Eastern legal tradition in different ways and reach the same legal result which makes the lives of all of us nowadays (hopefully) easier: agreements must be kept!
12-Sep-201913-Sep-2019

"Religious influences on medieval civil law. The pacta sunt servanda principle in Byzantine and medieval Western law", Colloque Droit et sociétés au Moyen âge, 12-13 septembre 2019, Paris, University of Sorbonne

Duration12-Sep-201913-Sep-2019
Location of eventSorbonne Université, Maison de la recherche salle D 323
CityParis
CountryFrance
Web address (URL)
Degree of recognitionInternational event

Event: Conference

ID: 95437490