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From sacred precepts to secular law: the genesis of the legal institution of insolvency in antiquity

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2026-08-10
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Igaz, S. (2026). From sacred precepts to secular law: the genesis of the legal institution of insolvency in antiquity. Debreceni Jogi Műhely, 23(1-2), 27-44. https://doi.org/10.24169/DJM/2026/1-2/2
Abstract

The phenomenon of insolvency is as old as the development of human societies, but the emergence of its contemporary legal regulation is the result of a long development process. The aim of the study is to demonstrate how the norms for managing debt and insolvency have evolved from ancient religious precepts to codified legal solutions. The study begins with an analysis of the principles of debt forgiveness and debtor protection appearing in sacred texts, then explores the first institutionalized debt settlement mechanisms through the legal sources of ancient Mesopotamia. The regulatory solutions of the archaic Greek legal system are also presented, with particular attention to the development of the debtor's personal liability and the means of creditor claim enforcement. The final part of the study analyzes the insolvency regulation of Roman law, which represents a shift in the management of insolvency from personal sanctions to property-based enforcement forms, thus creating the foundations of modern bankruptcy law. The research uses legal historical and comparative methods, revealing the normative patterns that aim to create a balance between creditor interests and debtor protection.

The results point out that the basic principles of insolvency management – ​​debt settlement, debtor protection and limitation of creditor claims – appeared in ancient times and then, through the mediation of Roman law, had a decisive influence on the later development of European law.