A History of Spain: founded on the Historia de España y de la civilización española of Rafael AltamiraChapman, Charles E. (Charles Edward)
History
A History of Spain: founded on the Historia de España y de la civilización española of Rafael Altamira
Chapman, Charles E. (Charles Edward)
Spain -- Civilization; Spain -- History
Two forces combined to change the former type of family life: the Roman
civil law (of tremendous importance); and the doctrines of the church,
which indeed in their judicial expression were influenced profoundly by
the Roman law. They were able to strike a death-blow at the marriage _á
yuras_; henceforth the law required the sanction of the church.
_Barraganía_ still maintained a legal though restricted standing. Cases
of marriage and divorce were taken away from civil jurisdiction and
turned over to the ecclesiastical courts. As an illustration of the
individualistic tendencies springing from the influence of Roman
jurisprudence it may be noted that up to twenty-five years of age a
daughter had to have her father’s consent in order to contract marriage,
but could dispense with his permission after that time. The most
important reform in family life was the establishment of the rule of
primogeniture, a practice which rapidly became customary. The Roman law
was equally influential in its effects upon property. Whereas formerly
the wealth of Castile had been based on agriculture and stock-raising,
with the land concentrated in few hands and cultivated by serfs, now
urban lands and personalty, based on industry and commerce and adapted
to Roman principles, became the more important; and despite the
_latifundia_ of the era a large part of the former seigniorial lands was
now given over in small lots to free proprietors protected by the law.
The Roman formalism appeared to some extent also in the law of property,
contract, and wills, especially in the legislation of Alfonso X.
[Sidenote: Survivals of medieval collectivity.]
Public-domain text, read in full here on John Shaqi.
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