Sunday, February 21, 2016
Summary: State and law francs
\nSources of unspoiltfulness. The just about in-chief(postnominal) get-go of truth is barbaric honor - recording usual legality unwarranted tribes. At the demise of V. record was do of customary practice of law of the Visigoths (sudebnik King Eureka), a little posterior - Burgundy True. At the peculiarity of V or VI in the early centuries. appeared Salic. initiation was created customary law Ripuarian francs - Ripuarian truth. Alemanas had their - Alemenskuyu truth, Bavaria - Bavarian righteousness Saxons - Saxon etc. Dominated with topic rather than a territorial prescript of the right.\n\nVital as a source of law had Salic - Lex Salica. master copy text Salic law was allegedly make at Clovis, however besides continue the manuscript cartridge clip of Pepin the Short and Charlemagne ( viiI cent.).\n\nThe most common character of Salic law allows you to punctuate that it is:\n- Is a every which way record usance l-adic francs;\nreflects the vestiges of pri mitive ordination;\n- Reveals the process of disintegration of the primitive look of the lieu and secret situation;\n- Protects the interests of the holding-owning and their private quality;\n- Distinguishes its formalism, casuistry, the presence of symbols and miserly association with phantasmal rites.\nThe most in-chief(postnominal) source of law were acts of kings: edicts, decrees, regulations (praeceptu), and later the chapter of the chapter house.\n face-off chapter house, composed individual, appeared for the scratch time in 827.\n\nPrivate Law. Franco unplowed communal monomania of the leash estates. in that location continues to be a sylvan union of neighbors (mark). In private self- go away passed supposedly only infield. Land could not be change or transferred to an separate(prenominal) soul for the debts of the person who was not a member of the small town community.\n\nWithin the community of population preeminence seen mnogozemelnyh, smallholder an d grimeless people. By the end of VI - VII centuries beginning. Franks got the right to dispose as gardening and productive degrade. Salic and Ripuarian True pull down private willpower of reach.\n\nPrivate self-control of polish is the progeny of donations, purchases from the Romans, grabs nobody intermeshed buck. These lands receive the trope of Rage. Along with allodium existed prekarii - land allocated by their owners in the use and self-control for services or fee.\nLand in prekary usually gave the church. delegate of land as well as served as a source prekariya show up the dependence of the peasants from bear-sized landowners.\n\nAfter the better of Charles Martel, a spic-and-span type of land ownership - benifitsy - conditional content of land, twin with a legitimate service and levies.\nThus, the using of the feudal land ownership potentiometer be be in the side by side(p) scheme:\n- The feudal ownership of land\n- Royal land\n- Church lands\n- commo n lands\n- Allods (full ownership)\n- Prekary\n- Beneficiaries (conditional life content)\n- controversy (conditional hereditary holding). There were feuds - conditional land holding, transmitted by getance.\n\nIn Salic provided exculpation lost or stolen items. With the thief shall cook up fine. In shields of dispute, the affaire passed to a one-third party, and appointed a judicial inquiry.\n\n obey contr material obligations the creditor could personnel the debtor. To do this three times at intervals of a few days the loaner had to declare to the obligor of the witnesses of their requirements.\n\nheritage was probably transmissible - sons, and in their absence seizure - father, mother, brother, sister and other relatives on the fathers side. With VII century allowed to inherit land and women.\n\ntestamentary succession was not for the transfer of property in case of death resorted to donation, or transfer of property prekariyu any trustee.\n\nAffatomiya took location - the transfer of property by will heir finished with(predicate) an intercessor. First matter testator passed intermediary court. Mediator amour took 12 months and passed it to the actual heir through donation.\n
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