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Carletus says: 'Commerce in itself is neither bad nor illegal, but it may become bad on account of the circumstances and the motive with which it is undertaken, the persons who undertake it, or the manner in which it is conducted. For instance, commerce undertaken through avarice or a desire for sloth is bad; so also is commerce which is injurious to the republic, such as engrossing.
The legitimacy of such a contract the trinus contractus, as it was called was maintained by Carletus in the Summa Angelica, which was published about 1476, and by Biel.
There was a serious dispute about the actual wording of the decree, and even those who agreed as to its wording differed as to its interpretation. The justice of the title was, however, admitted by Scotus, who said that it was lawful to stipulate for recompense when both the principal and surplus were in danger of being lost ; by Carletus; and by Nider.
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