Monald Koprski in zastavna pogodba v delu Summa de iure canonico
Monaldus Iustinopolitanus and the Pledge Contract in Summa de iure canonico

slovenian

2024

volume 84, issue 1

antichresis   canon law   confession   contract of pledge   reception of Roman law   usury

Univerza v Ljubljani, Teološka fakulteta
(Obvezni izvod spletne publikacije)

Monaldus of Capodistria (Monaldus Iustinopolitanus) can be considered the first learned jurist operating in the territory of present-day Slovenia. In his work Summa de iure canonico, he addressed not only issues of canon law but also, and more importantly, civil law matters. This work is classified among penitential sums (summae confessorum). This article provides a detailed examination of Monaldus' Summa, starting with an overview of its origin, type, and significance. It then turns to a specific analysis of how Monaldus addresses the pledge contract (pignus). This legal institution attracted significant attention in canonical literature due to the enhancement of Roman law foundations. Given the biblical prohibition against usury, it is imperative to underscore the prohibition of antichresis: an agreement allowing the pledgee to appropriate the income and profits of the pledged item without deducting their value from the principal. While Monaldus’ work did not introduce substantial new ideas, it gained popularity among readers thanks to its clear, alphabetical presentation of terms and its effective compilation of legal sources from both the past and the present. It was more practical and accessible for confessors, who lacked the time or expertise to read lengthy, logically systematised treatises.

11.11.2024