Benjamin Geva

The Payment Order of Antiquity and the Middle Ages (eBook, ePUB)

A Legal History

• Format: ePub

Produktbeschreibung

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws.

Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation.

The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'.

The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 784
• Erscheinungstermin: 1. November 2011
• Englisch
• ISBN-13: 9781847318664
• Artikelnr.: 41510653

Autorenporträt

Benjamin Geva, LL B Heb Univ, Jerusalem. LLM, SJD, Harvard, is Professor of Law, Osgoode Hall Law School of York University, Canada.

Inhaltsangabe

1. Money, Payment in Money, and the Order to Pay Money 2. Money and
Monetary Legal Theory in Antiquity and the Middle Ages 3. Funds Transfers
in Antiquity: Instruments, Institutions and Mechanisms 4. Deriving History
from Law: Are Cheques Traceable to the Talmud? 5. The Payment Order under
Roman Law 6. The Medieval Hawale: The Legal Nature of the Suftaj and Other
Islamic Payment Instruments 7. Funds Transfers under Talmudic Law:
Orthodoxy and Adaptation 8. Payment Orders in Medieval Continental Europe:
Book Transfers and Bills of Exchange 9. Payment Orders under English Common
Law: The Bailment of Money and the 'Reception' of the Bill of Exchange 10.
Evolution and Transformation: The Birth of the Modern Payment System in
Post-Medieval England 11. Turning the Wheels of Post-Medieval Change: Paper
Circulation and Negotiability under English Law 12. Staying on Course: The
Footprint of Ancient and Medieval Doctrine and Practice on Modern Payment
Laws Epilogue: From Barter to Electronic Funds Transfers and the Role of
Law