Tyrants Contracts And Their Validity Summary

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Leighanna Santandrea September 17, 2009 Tyrants' Contracts and Their Validity Bartolus strove to find a formula to determine validity of tyrant's acts, however he discovers that while a general guideline can be written he knew there would be exceptions to every rule. After defining the meaning of a tyrant Bartolus set out to seek continuity in how the law should be enforced after the tyrant was removed. It seems that Bartolus was looking for a blanket statement for all the contracts, promises or agreements that the tyrant made while in power are null and void or all are to be upheld. Bartolus found that such a blanket statement could not be made. Bartolus decided that for the most part a contract or agreement is null and void…show more content…
Once this tyrant was removed there still remained the contracts and promises that bore his name. One can not simply say that all contracts, agreements, promises and all legal decisions the tyrant made are all now null and void. That would have surely led the cities to ruin. The courts would have been tied up renouncing all the prior judgments so they would not have had time to hear any new cases and who would have wanted to do business with a city that simply renounced all their promises once a new tyrant took…show more content…
Since a tyrant usually assumes power through force he does not have the right to commit a city to promise to a foreigner as a tyrant does not rightfully belong in power. Bartolus says that regardless of who the foreigner is or what they do they are to be removed and whatever agreements they had with the tyrant are null and void as the tyrant no longer is in power. If the foreigner brought good to the land or if they brought bad there is not differentiation and they all must be sent away. Hostiensis argued that before the city got too deportation happy maybe they should have evaluated weather or not their said foreigners made a positive influence in the city. He thought that if they brought good to the city than it was more advantageous for the city to keep the foreigners than it was to deport them. Well what if the tyrant left a mixture of both good and bad in foreign contracts? Then the city officials would need to decide either to keep the contracts or to get rid of the contracts. They can not keep the good parts and merely throw out the bad. These contracts are on a take it or leave it basis; this is not a salad bar where you can pick and choose which bits you want which ones you

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