Publication: Derecho dominical y tanteo comunal en la Castilla moderna
Loading...
Identifiers
Publication date
2012
Defense date
Authors
Advisors
Tutors
Journal Title
Journal ISSN
Volume Title
Publisher
Universidad Carlos III de Madrid
Impact
Export
Abstract
The present book deals with an historical Castilian legal institution (tanteo comunal) that, in the modern age, allowed villages —by means of lawsuits brought to the royal council of Castile— to repurchase the offices related to their local government (regidores), previously privatized by the crown. In this regard, a survey has been carried on not only through the judicial practice of the time but also through the coeval legal doctrines (doctrina).
“Derecho dominical y tanteo comunal” aims also to outline a comparison with more archaic actions (actiones populares) which were used, until then, by local communities against the usurpers of their own properties (bienes comunales), in order to obtain their restitution. To this regard, the results of this research highlight the strong relationship between the acciones populares and the tanteo comunal. However the institutional reforms, later undertaken by the crown, deeply affected local government and eventually eclipsed this particular legal institution.
Description
Keywords
Edad Moderna, Historia del derecho, Derecho de la Edad Moderna, History of law, Law of the Modern Age, Lawsuits, Crown, Local government, Commons