Primitive And Ancient Legal Institutions

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Relinquet creditor! reliquias incendii vel ruine et fundum pro pignore, sic creditor nil amplius potest petere" (Kohler, 114). The passages are collected in Meibom, 283, 426; Kohler, 19, 111- 115; Heusler, II, 202 ; Weisl, 61; Stobbe, "Vertr. " 263-5. "Ein Haus, ein Brand ' ' was a proverb implying that the risk of fire was on the pledgee : Chaisemartin, " Proverbes et Maximes du droit germanique, " 223 (1891). For an explanation of the difference between this risk of loss of his claim through ...provisional payment and the creditor's burden of risk as a bailee, see post.
1 Amira, I, 213; II, 22.
2 This notion occasionally finds express mention in the documents : "Verloren se [pledgee] aver edder ere ammechtlude dat slot [castle] van wanhuede edder van unlukke, des god nicht en wille, so scholden se ere gheld in deme slote unde we dat slot verloren hebben" (Kohler, 114) ; in another document the pledgor promises to help the pledgee recover the castle if he should be spoiled of it, but if the castle should not be recov- ered, "so scholet ze [pledgee] dat ghelt verloren hebben, dar id en vore satet was van uns, unde vor der scholet ze dar nene nod umme liden" (Kohler, 114).


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