Cedere dei beni al posto del denaro dovuto. La datio in solutum in Francia e Italia fra XVII e XVIII secolo

Abstract

This research, which focuses on a comparison between early modern France and Italy, deals with datio in solutum, i.e. the transfer of goods in settlement of a monetary debt. After illustrating its essential features, the text presents the legal interpretations of datio in solutum, analyses its legislative regulation and addresses the well-documented case of the Duchy of Milan. The research shows that the differences between France and Italy reveal two different political attitudes towards debts and obligations: the French one, more inclined to protect the creditor, and the Italian one, more disposed to assist the debtor, but at the same time more careful to soften this imbalance through the imposition of a long series of procedural rules.