Warranty Obligations in Western France, 1040–1270

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 transa...

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Autor principal: McHaffie, M.W
Formato: Online
Idioma:inglês
Publicado em: Springer Nature 2023
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Acesso em linha:ONIX_20230317_9783031145179_3
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author McHaffie, M.W
author_browse McHaffie, M.W
author_facet McHaffie, M.W
author_sort McHaffie, M.W
collection Directory of Open Access Books
description 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.
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spelling doab-20.500.12854ir-985612025-05-08T14:03:40Z Warranty Obligations in Western France, 1040–1270 McHaffie, M.W charters Coutumes d'Anjou et Maine litigation land insurance tenants feudalism lordship 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. 2023-03-20T09:21:06Z 2023-03-20T09:21:06Z 2023-03-17T15:19:26Z 2023 book ONIX_20230317_9783031145179_3 https://library.oapen.org/handle/20.500.12657/61838 9783031145179 https://directory.doabooks.org/handle/20.500.12854/98561 eng open access image/jpeg image/jpeg image/jpeg n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/61838/1/978-3-031-14517-9.pdf https://library.oapen.org/bitstream/20.500.12657/61838/1/978-3-031-14517-9.pdf https://library.oapen.org/bitstream/20.500.12657/61838/1/978-3-031-14517-9.pdf Springer Nature Palgrave Macmillan 10.1007/978-3-031-14517-9 10.1007/978-3-031-14517-9 9fa3421d-f917-4153-b9ab-fc337c396b5a H2020 European Research Council 178e65b9-dd53-4922-b85c-0aaa74fce079 9783031145179 European Research Council (ERC) EU collection Palgrave Macmillan 132 Cham 740611 open access
spellingShingle charters
Coutumes d'Anjou et Maine
litigation
land
insurance
tenants
feudalism
lordship
McHaffie, M.W
Warranty Obligations in Western France, 1040–1270
title Warranty Obligations in Western France, 1040–1270
title_full Warranty Obligations in Western France, 1040–1270
title_fullStr Warranty Obligations in Western France, 1040–1270
title_full_unstemmed Warranty Obligations in Western France, 1040–1270
title_short Warranty Obligations in Western France, 1040–1270
title_sort warranty obligations in western france 1040 1270
topic charters
Coutumes d'Anjou et Maine
litigation
land
insurance
tenants
feudalism
lordship
topic_facet charters
Coutumes d'Anjou et Maine
litigation
land
insurance
tenants
feudalism
lordship
url ONIX_20230317_9783031145179_3
work_keys_str_mv AT mchaffiemw warrantyobligationsinwesternfrance10401270