Leighanna SantandreaSeptember 17, 2009
Tyrants Contracts and Their Validity
Bartolus strove to find a formula to determine cogency of autocrats acts, however he discovers that while a general guidepost can be written he knew there would be exceptions to every rule. After defining the meaning of a tyrant Bartolus set out to seek continuity in how the constabulary should be enforced after the tyrant was removed. It seems that Bartolus was looking for a blanket statement for all(a) the contracts, promises or correspondences that the tyrant do while in power are null and abandon or all are to be upheld. Bartolus found that much(prenominal) a blanket statement could not be made.
Bartolus persistent that for the most part a contract or agreement is null and void when one party is forced to lay into it by another party. “The test of an obligation is whether it was incurred through the steadfast operation of courts or under some form of need by the tyrant. In the former case of obligation is valid, in the latter metus causa may pleaded as ground for chemise of the obligation.
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Bartolus did not think that an agreement through force was a good solid agreement and that if both parties did not volitionally see into the agreement than when the aggressor of the contract no yearner has any power the other should not be held answerable to uphold his part of the bargain.
When a tyrant came to power, elected officials to oblige out his will and either he himself or his stewards would enter agreements with people of the city and on behalf of the city. Once this tyrant was removed there still remained the contracts and promises that bore his name. One can not simply say that all contracts, agreements, promises and all legal decisions the tyrant made are all now null and void. That would claim surely led the cities to ruin. The courts would have been tied up renouncing all the prior judgments so they would not have had time to list any new cases and who would have wanted...If you want to get a full essay, order it on our website: Orderessay
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