Hereditates a soudy statut Konráda Oty
Title in English | Hereditates and Courts of the Statutes of Conrad Otto |
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Authors | |
Year of publication | 2010 |
Type | Chapter of a book |
MU Faculty or unit | |
Citation | |
Description | The autor follows the earliest occurrence of the terms patrimonium, substantia and hereditas denoting independent ownership ownership, primarily of land. He concludes that the term hereditas used in the documents written in and after the twelfth century and later also in the legal texts of the fourteenth century depicts always an independent ownership (allod) and not a mere conditional land tenure (granted, for exemple, by the ruler). The archaic, recently purposely revived (J. Žemlička) opinion that the villicus court in the Statutes of Conrad Otto is in fact the later Minor Provincial Court, which judged cases involving values smaller than the marks (without lot), or even a court for dependent persons, is discarded. The villicus court, as opposed to the court dealing with private complaints presided over by the judge and the chamberlain, was a criminal court where the royal villicus judged based on his commission to prosecute and punish apparent crimes. |
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