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Una decisio della Rota di Siena: tra leasing e riserva di proprietà all’inizio dell’Età Moderna

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A decision of the Rota of Siena: between leasing and reservation of ownership at the beginning of Modern Times. – Late medieval and early-modern legal developments took place in Italy within the general framework of ius commune and iura propria, original legal constructs which present similar features to leasing in English law. These developments can be traced in the doctrinal corpus of the Italian ius commune tradition, but it may be surmised that they also appeared in sources related to legal practice. Thus, a case decided by the Rota of Siena in 1541–1543 shows that contractual forms similar to the leasing and to the emptio–venditio cum reservatione dominii were known and used in Italian practice, at least from the latter part of the 15th century onwards.


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