TY - BOOK ID - 78145535 TI - The payment order of antiquity and the Middle Ages : a legal history PY - 2011 SN - 1847318665 1472561031 1280125551 9786613529411 1847318436 9781847318435 9781280125553 9781849460521 1849460523 9781847318664 9781472561039 PB - Oxford Portland, OR Hart Publishing DB - UniCat KW - Payment KW - Commercial law KW - Extinguishment of debts KW - Performance (Law) KW - Balance of trade KW - Debtor and creditor KW - History. KW - Law and legislation KW - Transfer payments KW - Negotiable instruments KW - Banks and banking KW - Government transfer payments KW - Payments, Transfer KW - Expenditures, Public KW - Income distribution KW - National income KW - Bills and notes KW - Bills of credit KW - Commercial paper KW - Credit, Bills of KW - Credit, Titles of KW - Instruments, Negotiable KW - Negotiable notes KW - Negotiable paper KW - Titles of credit KW - Choses in action KW - Commercial documents KW - Legal instruments KW - Drafts KW - Financial instruments KW - History KW - Law and legislation&delete& KW - Accounting KW - E-books UR - https://www.unicat.be/uniCat?func=search&query=sysid:78145535 AB - 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 ER -