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Money-lending

The edict deals with loans for consumption (mutuum, D. 12.1; C. 4.1-2), loans for use (commodatum, D. 13.6; C. 4.23), pledge (pignus, D. 13.7; C.

4.24), and set-off (compensatio, D. 16.2; C. 4.31). These legal institu­tions were needed in commercial life, in terms of credit, security, and payment, but were by no means restricted to the activities of professional traders. It is tempting, however, to explain the sophistication and some­times paradoxical and adventurous nature of some arrangements as dictated by the requirement of specialized trading.92 The edict on deposit (EP § 106) originally followed the edict on compensationes (EP § 100), before the shift of the title dealing with agency presumably occurred (EP §§ 101-5).93

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Source: Johnson David (ed). The Cambridge companion to Roman Law. Cambridge University Press,2015. — 554 p.. 2015
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