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Bearing the risk in pledging: Lysias VIII, 10

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image of Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

Giving a thing in pledge sometimes means the transfer of ownership to the creditor in case of default of payment. If it happens that the pledge is damaged or even destroyed before the payment is due, the question arises who has to bear the loss. Ancient as well as recent legal sources decide or tend to decide against the creditor.


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