Paolo Comitoli SJ on Contracts (original) (raw)
Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung, 2021
Abstract
Contract law in the early modern period has always been the subject of intensive research. The present article is intended as a contribution to this. It presents the contract doctrine of an Italian Jesuit, Paolo Comitoli. He was a moral theologian and author of the "Doctrina de contractu". The paper begins with a biographical introduction and an overview of Comitoli's writings. News about Comitoli's life, however, is sparse and widely dispersed. The following section focuses on Comitoli's concept of and his definition of contract. A brief explanation of Comitoli's concept of contract attributes follows. Comitoli saw in these attributes the identity-forming characteristics of all contracts and used these elements to place the traditional problems of contract theory in a new framework.
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