Page 25 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn

INTRODUCTION
doctrine, not practice, and then only from a contemporary German civil law perspective. Kalb, who also wrote a study on laesio enormis, concentrates on canon law doctrine and does not, or only marginally, discuss civil law doctrine.21
Concerning legal practice, Sprenger offers a very informative account of a case about the sale of encumbered land reported by Viglius of Aytta, a humanist scholar who worked as an assessor22 to the Reichskammergericht, appellate court for the Holy Roman Empire.23 For Roman-Dutch law, Brom, among other things, fairly recently delved into the personal notes of Bynkershoek, judge to the Supreme Court of Holland, Zeeland and West-Friesland, studied contemporary literature and deciphered the same Court's resolutions.24 To my knowledge, further studies of the early modern practical side of the subject matter of this study do not exist.
21 Kalb, Laesio enormis.
22 An official who wrote a learned opinion on the case under litigation before the judges decided the case.
23 Sprenger, 'De actio quanti minoris', passim.
24 Brom, Urteilsbegründungen, passim.
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