ISBN:
9783031145179
Language:
English
Pages:
1 Online-Ressource (xiii, 132 Seiten)
Parallel Title:
Erscheint auch als McHaffie, Matthew Warranty Obligations in Western France, 1040-1270
Keywords:
11. Jahrhundert (1000 bis 1099 n. Chr.)
;
Law—History.
;
Europe—History—476-1492.
;
France—History.
;
Social history.
;
Europe
;
France
;
Law
;
Early history: c 500 to c 1450/1500
;
European history
;
Europäische Geschichte: Mittelalter
;
HISTORY / Europe / France
;
HISTORY / Medieval
;
HISTORY / Social History
;
LAW / Legal History
;
Legal history
;
Rechtsgeschichte
;
Social & cultural history
;
Sozial- und Kulturgeschichte
;
France
;
Frankreich
Abstract:
1. Introduction -- 2. Warranty in the Coutumes d’Anjou et Maine -- .3 Warranty in the Charters -- 4. Giving Warranty: Acts and Actors -- 5. Warranty, Litigation, and Compensation -- 6. Securing the Present and the Future: The Targets of Warranty -- 7. Conclusions.
Abstract:
This open access book examines warranty obligations in western France during the central Middle Ages. Warranty refers to the commitments that an individual undertook when alienating property to protect the transfer from outside challenge, and to provide compensation if they failed to defend a transaction successfully. The subject has never received a full-length study before, meaning that scholars’ interpretation of warranty is marred by a number of untested generalisations. Warranty has generally only been viewed as a thirteenth-century development owing to the influence of Roman law and changes in family structure. This book, therefore, considers the evidence for warranty in western France en masse, starting with the first appearance of warranty clauses in documents in the 1040s up until the compilation of vernacular lawbooks in the 1270s. This book opens a window onto legal practice in the central Middle Ages, raising questions about wider processes of legal change. It emphasises the importance of lordship, in particular, when it comes to making sense of how and why warranty obligations developed the way they did. It thus challenges the prevailing explanatory narratives invoked by scholars when discussing warranty, and invites us to ask questions about the sorts of stories we tell when looking at legal change. Combining documentary and prescriptive lawbooks, along with a rich corpus of case material, this book offers a comprehensive account of a little-studied phenomenon, one that can elucidate much larger interpretative questions that are central to French legal history.
Note:
Open Access
,
This book is licensed under the terms of the Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long asyou give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence and indicate if changes were made
,
Mode of access: Internet via World Wide Web.
DOI:
10.1007/978-3-031-14517-9
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