The Venice and Human Rights merchant
We can find how one of the branches of law is reflected, such as civil law, materialized in a contract in which an obligation is derived among the main characters of the book. First, we must enter the context of history, referring to the time when they were the 16th century in ancient Italy where its population lived under an empire of the Church, since the Catholic religion and thatthat had a different spiritual inclination were considered heretics.
It is also valid to highlight that trade was practiced, this practice allowed people to have an important position making them see each other with society. Figures such as loan and usury also presented themselves during this time, although during the Modern Age they saw usury as an act of insolence and those who will carry it out were rejected by others.
Now, based on the above, we can deduce that trade preva. Thus, we see how this legal concept prevailed within the book;There was a contractual relationship between the main characters. Baseanio decides to ask Sylock’s loan, a wealthy merchant who practiced the usury, where Antonio would have as a guarantor, who was also a merchant of Catholic religion.
It is at this point where the legal parameters that each of them must follow are observed. Sylock is the one that gives a sum of three thousand ducats to its main debtor which is based, this sum of money must be paid in the stipulated time of three months, yes during this period the obligation has not been paid, the guarantor enters the guarantorso that there is compliance with the same.
During the Modern Age there were these types of contracts, which were linked to legal laws and even moral laws. The fact is that in this context they were not called loan or mutual agreement as we know it today, it was known as credit, credit is the amount of money or other means of payment that a person provides toanother under certain return conditions. But what is the relationship with the loan contract? At the service of the credit, many and very varied instruments were born the bill of exchange, the letter of power, the debt contract or the loan to the thick sea among others. All of them were based on the sale of merchandise or the loan of money whose payment was stipulated at a future temporary moment. In exchange for this advantage in payments a stipulated price was charged: the interest rate.
Although, it should be noted that the widespread practice of the collection of abusive interests came to take religious character and generated a whole philosophical literature around usury, morality and just price. Thus, the viewer will notice that there was a debt or loan contract, and a series of elements such as: the lender (Sylock) who lent an amount of money, which are the three thousand ducats, the borrower (Basanio) Is the person who receives the money, and a third figure appears which is the guarantor (Antonio) is the guarantor so that the obligation is fulfilled, he subscribed in time and the place where the payment would be made, but also aSeries of consequences if there was a breach of it, where Antonio had to let Sylock will cut a piece of meat from his body (anywhere in the body) which weighs no less than a pound.
Clearly a debate is born, where the person’s human rights is put into play in exchange for paying a sum of money, a criminal responsibility was born and, although they were one of the conditions predisposed in the contract, the judges would be who would determine whether the paymentIt would be given in that form.
Leave feedback