Publication details

Burg- und Landrechte: Einbürgerung als Zankapfel

Title in English Burgrecht and Landrecht (contracts on Combourgeoisie): naturalisation as a bone of contention
Authors

SPEICH Heinrich

Year of publication 2019
MU Faculty or unit

Faculty of Arts

Citation
Description From the 13th century onwards, the term Burgrecht refers to the alliances and contracts concluded by a city with other cities, monasteries, individuals (especially nobles with rights of lordship and ownership) or with associations of individuals, which contain civil rights clauses. They differed from naturalisations of individuals through conditions negotiated on a case-by-case basis, which were often recorded in a deed. Burgrecht holders came to enjoy - sometimes limited - the city's civic privileges, such as military and judicial protection and market access. The city benefited from the crew, revenues (admission fees and taxes) and (arbitral) judicial influence outside its walls. Castle rights could be limited in time (and renewable) or "perpetual". Arbitration was usually provided for in the event of disputes, the details of which became increasingly detailed over the course of time. The distribution of rights and duties in castle law contracts reflected the power relations between the parties. From the mid-13th to the mid-16th century, the legal instrument of castle law was an important means of establishing and expanding territorial dominions. However, castle rights could also lead to conflicts, especially if they were designed for a longer period of time and the political circumstances changed.

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