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标题：The Nexum Contract as a “Strange Artifice
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作者：M. Silver
期刊名称：Revue Internationale des Droits d'Antiquite
印刷版ISSN：0556-7939
出版年度：2012
卷号：LIX
出版社：FUSL - Facultes Universitaires Saint-Louis
摘要：In 1967 MacCo r mack 1 observed: "The number and diversity of the views expressed on nexum have become notorious; even today no agreement has been reached." All tha t seems to be clear is that nexi were debt - "slaves." While progress has been made, including by MacCormack himself, there remain major gaps in our understa n ding 2 . This paper deals with two central questions: (1) What is a nexum - contract.; (2) Why did it fl ourish after Rome's enactment of the Twelve Tables. It is suggested that these questions can be answ e red satisfactoril y once it is recognized that reliance on the nexum - contract was encouraged by maximum interest rate laws and legal procedures making it mo re difficult (costly) to enslave defaulting debtors