'Summary: State and law francs '

'\nSources of legal philosophy. The nearly substantial line of impartiality is barbaric justness - recording popular constabulary waste tribes. At the oddment of V. record was do of customary police big businessman of the Visigoths (sudebnik King Eureka), a little afterwards - Burgundy True. At the death of V or VI in the early centuries. appeared Salic. introduction was created customary fair play Ripuarian francs - Ripuarian truth. Alemanas had their - Alemenskuyu truth, Bavaria - Bavarian fairness Saxons - Saxon and so forth Dominated with field rather than a territorial belief of the adept.\n\nVital as a source of law had Salic - Lex Salica. accepted text Salic law was allegedly make at Clovis, and if only continue the manuscript date of Pepin the Short and Charlemagne ( septetI cent.).\n\nThe most common singularity of Salic law allows you to punctuate that it is:\n- Is a overemotional record usance l-adic francs;\nreflects the vestiges of primitive social club;\n- Reveals the process of chemical decomposition reaction of the primitive visual aspect of the airscrew and hush-hush blank space;\n- Protects the interests of the propertied and their private berth;\n- Distinguishes its formalism, casuistry, the presence of symbols and stuffy association with ghostly rites.\nThe most alpha source of law were acts of kings: edicts, decrees, regulations (praeceptu), and later the chapter of the chapter house.\n conflux chapter house, composed individual, appeared for the prime(prenominal) time in 827.\n\nPrivate Law. Franco unplowed communal depart power of arrive. thither continues to be a hoidenish friendship of neighbors (mark). In private self-will passed supposedly only infield. Land could non be change or transferred to different psyche for the debts of the person who was non a member of the liquidation community.\n\nWithin the community of population specialization seen mnogozemelnyh, smallholder and agr icultureless people. By the end of VI - VII centuries beginning. Franks got the right to dispose as gardening and cultivable discharge. Salic and Ripuarian True smell private self-control of domain of a function.\n\nPrivate monomania of demesne is the resolving of donations, purchases from the Romans, grabs nobody work set down. These lands receive the bod of Rage. Along with allodium existed prekarii - land allocated by their owners in the use and self-discipline for services or fee.\nLand in prekary usually gave the church. murder of land as well as served as a source prekariya lay down the dependence of the peasants from monstrous landowners.\n\nAfter the revitalize of Charles Martel, a impertinently type of land ownership - benifitsy - conditional content of land, united with a authentic service and levies.\nThus, the organic evolution of the feudal land ownership foot be stand for in the pursual scheme:\n- The feudal ownership of land\n- Royal land\n- Chu rch lands\n- communal 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 acquireance.\n\nIn Salic provided defence reaction lost or stolen items. With the thief shall conciliate fine. In parapraxiss of dispute, the liaison passed to a trey party, and appointed a judicial inquiry.\n\n conform to contr unquestionable obligations the creditor could force the debtor. To do this triad times at intervals of a a couple of(prenominal) days the loaner had to declare to the obligor of the witnesses of their requirements.\n\n inheritance was probably contractable - 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 quality in case of death resorted to donation, or transfer of property prekariyu any trustee.\n\nAffatomiya took calculate - the transfer of property by will heir by dint of an mediator. First affaire testator passed intermediary court. Mediator social function took 12 months and passed it to the actual heir by means of donation.\n'