Vietnam or Thailand ? Vote for the TOP Country of the Week !
Updated: May 9, 2025
Those scholastics who strove to abolish or to limit the recognition of lucrum cessans as a ground for remuneration did not deny the productivity of capital, but simply thought the money had not at that time acquired the characteristics of capital.
The justice of the poena conventionalis was recognised by Alexander of Hales, and by Duns Scotus, who gives a typical form of the stipulation as follows: 'I have need of my money for commerce, but shall lend it to you till a certain day on the condition that, if you do not repay it on that day, you shall pay me afterwards a certain sum in addition, since I shall suffer much injury through your delay. The poena conventionalis must not be confused with either of the titles damnum emergens or lucrum cessans, which we are about to discuss; it was distinguished from the former by being based upon a presumed injury, whereas the injury in damnum emergens must be proved; and for the latter because the damage must be presumed to have occurred after the expiration of the loan period, whereas in lucrum cessans the damage was presumed to have occurred during the currency of the loan period.
The first thing to be noted on passing from the poena conventionalis to interest proper is that the latter ground of compensation was generally divided into two kinds, damnum emergens and lucrum cessans.
Theology is become one of those sciences which Seneca calls "scientiae in lucrum exeuntes;" and sciences, like arts whose object is gain, are, in good English, trades. Such theology is, and men who could make no fortune, except the lowest, in any other, make often the highest in this; for the proof of which assertion I might produce some signal instances among my lords the bishops.
"Your vessel was not worth more than six thousand gulden, and is insured for its full value at the Komorn Marine Insurance Office. You have come to no harm." "If that were true a hundred times over, I should still require compensation from you, on account of the lucrum cessans. Do you know what that means? If you do, you can understand that your ten thousand gulden will go to the last kreutzer."
What their Morals are, you may read in the Practice of their Lives, and their Sentiments of Religion from this Saying of a certain Cardinal, Quantum Lucrum ex ista fabula Christi! which many of 'em may say, tho' they are not so foolish.
Word Of The Day
Others Looking