Derecho Feudal, Canónico y Mercantil

• Nestor Quiroz, Romero, 311 415 2822
• Date: 11 02 25

Introduction and Books

• Forms of juridical tradition of accident by Haral Belgar.
• History of juridical theory by George Saline.

Legal Concepts

• Feudal Law
• Canon Law
• Mercantile Law
• Urban Law
• Civil Law is the mother of Roman Law.
• Feudal law developed in the Middle Ages between the 5th and 15th centuries, creating institutions like:
  • Vassalage: politico-juridical
  • Fief: fidelity and obedience
  • Serfdom: social-juridical relations

Vassalage

• Vassalage originated from a mandate or written contract which was a moment of transition
• Power structure: the one who orders must fulfill an order and be subservient
• The social structure is one where someone in power -> is obeyed
• Authority implies obedience
• Institutions and internal needs of monarchies imposed taxes
• The king called the workers to do corresponding jobs
• Money, bonuses or any form of payment as a bonus of something.

Feudalism Details

• Fief is a character of property, including fidelity and obedience to the feudal lord. My - Yours.
• Essential land. The lord could be a count.
• The lord was the intermediary, managing goods-taxes.
• Leasing lands created taxes.
• Division of lands, part managed and contracted by a lord.
• That unit created economic stature.
• Burgo: Collection of taxes and vassalage.
• Ostracism in the Middle Ages was territory exile
• Experience creation, towns and production through lord payment
• Serfdom: A set of servants, it is not really land.
• Royal domain is land ownership property.
• Inquisitive use and enjoyment of property ownership
• Next topics; State bondings.

Contract Figures

• Book: History of juridical theory
• Enliteuticos: Should be unilateral. Where conditions are imposed by the lessee, only conditions of the owner.
• Sinalagmáticos: Are bilateral (multilateral), the conditions imposed, consent is required.
• The Individual has the choice and faculty to refuse services on the grounds of mental illness, younger age etc.

Feudal Obligations

• Of the lord or Tejdal to the Vassal:
  • Provide food
  • Provide good health
  • Provide military service
  • Collect taxes
• Of the Vassal to the Lord or señar
  • Cultivate food
  • Stay healthy
  • Provide military service
  • Pay taxes
• Next class talking about canon law.

Canon law

• Set of rules, rights and obligations of the Catholic Church to regulate the organization of the Church, hierarchy of government, sacraments and sanctions
• Characteristics:
  • Own courts, lawyers, jurisprudence and general principles of law
  • Based on canons or conciliar agreements, papal decrees, compilations

Code Promulgations

• The current Code of Canon Law was promulgated by Pope John Paul II on January 25, 1983
• Scope
  • The Pontifical Javeriana University has a Faculty of Canon Law

Professionals

• Canon lawyers ensure that the rules of the Church are understood and applied properly
• Specialists in canon law have studied law and acquired advanced knowledge of canon law
• Sources of Canon Law
  • The Bible, which contains the law revealed by God
  • The Corpus Juris Canonici, which is the written law of canon law
  • Concordats, which regulate the relationship between the Church and the State
  • Custom, which are conducts followed by the faithful
  • Jurisprudence
  • Administrative acts

Canon Law Details

• The Code of Canon Law is the set of legal norms that regulate the Latin Church
• The current code was promulgated by John Paul II on January 25, 1983 and entered into force on November 27, 1983
• The exercise of canon law is the responsibility of specialists trained in this discipline
• Canon law is divided into branches that cover administrative, constitutional, matrimonial and procedural matters.

Canon Law II

• Autonomous legal science governed by canonical norms
• The church does not pay taxes
• Theology names God's science.
• Theology studies God and the relationship between human beings

Practical components

• Study of theology related to understanding the word of God
• Theology is related through supreme understanding

Concilio Vaticanas

• An event related to rights under bishop observation and papal blessing
• Consejo Vatican II was Catholic with papal leadership
• Eniclicas Papales: are solemn papers about key theological elements
• Tribunales eclesiasticos: solve spiritual matters under religious jurisdiction
• Autondad Papal: Authority of the people to promote leadership

Divine Potency

• Divine institution is universal to exercise control over everything
• Characteristics of Church property
  • Unique Rights
  • Exchangeable Rights
  • Limit the law
  • Publicly useful
• Legal Protetcion under Church Rule
• Possesory in many religions
• Churches are private, and managed by local people
• Churches rely on donations for funding

Private Church

• The title belongs to private members of the ecclesiastical organization
• Evangelization is core tenant
• Inalienability under Ecclesiastical and Canónica Law
• Church properties are exempt of taxes

Community Use

• Intended for communal usage
• Protection under national and international laws
• Benefits and exemptions in many places