十七世紀英国手形法史

( Max 2000 Items )
URI http://shark.lib.kagawa-u.ac.jp/kuir/metadata/4222
Title
十七世紀英国手形法史
Title Alternative
The history of 'Bills of exchange' during the seventeenth century
File
Description

In England, with the increase of Commerce in the fourteenth and fifteenth centuries, the division and specialization of trades and industries began to take place, and in accordance with these commercial changes the commercial side of the Law Merchant into the Common Law began to be absorbed gradually. During the sixteenth and seventeenth centuries the interpretation of this mercantile law was being adapted to the use of Englishmen by such writers as Malynes, Marius etc.. And, by the end of the seventeenth century, this Law Merchant had been gradually absorbed into the general legal system of England. As in the case of the internal trade, so in the case of the foreign one, the older mercantile courts had ceased to exist. Jurisdiction was therefore assumed by the ordinary courts of law and equity. Bills of Exchange were also unknown to the Common Law. The earlier cases upon Bills of Exchange were treated as ruled by special customs, applicable only to merchants, which it was necessary to prove. But gradually, these mercantile customs began to be recognized by the Common Law Courts. And so, the English judges and writers wrote that the origin of the to-day's English Bills of Exchange was in the seventeenth century. The object of this article consists in the analysis and introduction of (1)procedure, (2)forms of bills, (3)rights and liabilities of the parties, (4)consideration of bills and (5)doctrine of negotiability in the development of the Bills of Exchange during the seventeenth century.

Author
著者 蓮井 良憲
著者(ヨミ) ハスイ ヨシノリ
著者(別表記) Hasui Yoshinori
Publication Title
香川大学経済論叢
Volume
26
Issue
2
Start Page
66
End Page
92
Publisher
香川大学経済研究所
Published Date
195306
ISSN
0389-3030
NCID
AN00038281
Resource Type
Departmental Bulletin Paper
Language
jpn
Text Version
publisher
Set
香川大学
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