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From Guild Welfare to Bismarck Care
German literature on the history of insurance stresses the importance of professional guilds for the shaping of insurance and insurance law. Similarly, scholars researching the genesis of Germany's social security claim the importance of guilds as predecessor of social security. However, there is a problem with both narratives: the impact of guilds is commonly asserted but has never been analytically established. Against this background, the present contribution offers an analysis of the support offered by professional guilds from the Middle Ages to the nineteenth century. Its overall conclusion is that modern literature is correct in holding that Germany's social security is rooted in guild welfare. However, medieval guild support had to go through two phases of transformation in the early modern period and in the nineteenth century before it was apt as a model for Bismarck's social security legislation. By contrast, professional guilds had no direct impact on modern insurance and insurance law.
Widows and the History of Insurance
The aim of the present volume is to analyse the genesis of modern life insurance by focusing on one specific purpose which life insurance serves: seeking provision for widowhood. This focus follows from the understanding that the evolution of life insurance can only be understood if its genesis is embedded in the history of the many competing and often insufficient strategies for the support of widows and the many strategies which widows employed to support themselves. This general framework was different across Europe. By contrast, the fact that life insurance is said to have been banned in some European countries, the different advancement in actuarial science, and the distribution of wealth cannot fully explain the late arrival of modern life insurance in some European countries. Finally, the approach taken in this volume allows to compare English life insurance products to traditional Continental European pension products.
A Comparative History of Insurance Law in Europe
The history of insurance law has fallen into neglect. It is only recently that the topic has again received attention from legal historians. However, the state of research is still unsatisfactory. Foremost, there are distinct national narratives of insurance (legal) history. And these narratives give the impression of insurance (law) being developed differently in the single European countries. The present volume works out a research agenda for a comparative history of insurance law in Europe. For that purpose the contributions to this volume present the state of research in different European countries and identify possible points of interactions between the national developments of insurance law. Future research will focus on these points of interactions. The present volume is, thus, the starting point and framework for future research in the history of insurance law in Europe.
Unjustified Enrichment
Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
A History of Tontines in Germany
A tontine may be described as a pooled life annuity. Investors buy shares, and the issuer promises to pay interest on the raised capital. The characteristic feature of tontines is that the annuities of deceased investors are shared by surviving investors. With the death of the last survivor, the issuer's obligation to pay annuities terminates and the issuer has no obligation to pay the raised capital back. Investors may use a tontine as a pension product and the issuer may use it as a means to raise capital. It is generally believed that the Italian Lorenzo Tonti (1602-1684) invented tontines and that he proposed them to Cardinal Mazarin (1602-1661) in 1653.Phillip Hellwege analyses the origins of tontines, their occurrence and their diverse designs in German-speaking territories from the middle of the 17th century to their decline in the late 19th century and early 20th century. Furthermore, he assesses their importance for the development of insurance (law) in Germany.
Maritime Risk Management
Insurance is a legal, an actuarial and a financial product, and it is one out of many risk management strategies. It follows that its history can only be studied in the broader context of the development of such strategies, applying an interdisciplinary approach. The theme of the present volume is maritime risk management. After an overview over the history of insurance, the contributions to the present volume examine different maritime risk management strategies by adopting a variety of methodological approaches. Some contributions focus on normative provisions, others contrast practice with legal scholarship, or focus on the emergence of insurance companies as opposed to individual insurers. Again, other contributions give insights in marine insurance practice in specific cities or analyse insurance practice through the lens of specific insurance litigation. As to the time frame, the different contributions span from antiquity to the nineteenth century.
Research Handbook on International Commercial Contracts
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
Judge and Jurist
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.
A History of Private Law in Scotland: Volume 2: Obligations
This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
