Di Astud Chor

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Di Astud Chor ("On the Securing of Contracts"; astud is the infinitive of the verb ad•suidi 'holds fast, binds' [1] ) is an Old Irish legal tract on contracts. It treats the various circumstances that determine when contracts are binding on a party and when they are not. Its existence was first brought to the attention of modern scholarship by Neil McLeod, whose edition (with translation and notes) appeared in 1992. [2] The tract is a collection of material from varying dates, some no earlier than the 8th-century, some much earlier. [3] For instance, it contains a poem on contractual surplus adjustment that can be dated, based on style, to the early 7th-century. [4]

Old Irish is the name given to the oldest form of the Goidelic languages for which extensive written texts are extant. It was used from c.600 to c.900. The primary contemporary texts are dated c.700–850; by 900 the language had already transitioned into early Middle Irish. Some Old Irish texts date from the 10th century, although these are presumably copies of texts composed at an earlier time period. Old Irish is thus forebear to Modern Irish, Manx, and Scottish Gaelic.

Contract agreement having a lawful object entered into voluntarily by multiple parties

A contract is a legally-binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. An agreement typically involves the exchange of goods, services, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation.

Contents

Four versions were distinguished by McLeod, A (Corpus Iuris Hibernici 985.241002.31), B (CIH 1348.211359.25), C (CIH 2040.282045.36, 2046.342050.32), and D (1962.281963.35). [5] McLeod divided it into 60 paragraphs of text in two distinct sections. Part one (paragraphs 136) concerns the general rules determining contracts to be binding, whereas part two (paragraphs 3760) concerns exceptional cases, particularly cases where previously undisclosed defects exist, that allow a contract to be abandoned. [6]

See also

Notes

  1. Kuno Meyer, Contributions to Irish Lexicography; V. 1, Pt. 1: A-C (M. Niemeyer, 1906), p. 26.
  2. Breatnach, Companion, p. 244; McLeod, Early Irish Contract Law, passim
  3. McLeod, Early Irish Contract Law, p. 111
  4. Stacey, Road to Judgment, p. 50
  5. Breatnach, Companion, p. 2445; McLeod, Early Irish Contract Law, pp. 95101
  6. Breatnach, Companion, p. 245

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