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1997
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Martine Grinberg, « La rédaction des coutumes et les droits seigneuriaux : nommer, classer, exclure », Annales (documents), ID : 10.3406/ahess.1997.279616
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Résumé
The Compiling of the Customaries and the Seigneurial Rights: to name, classify, exclude. M. Grinberg. The compiling of the Customaries, decided by the king in 1454, engages a long process of writing and interpretation of the Law. Mainly, this research is based on the minutes of assemblies assigned to compile the Customaries, who allow an analysis of the choices commanded by the writing of the Law: title and position of different chapters and articles of the Customary, interpretation of terms, search of a greater clarity of the text. The question of the seigneurial rights is in the debates's middle; it refers to the problem of the territorial jurisdiction. The writers redefine the legal categories and revise the order of the text. The seigneurial rights are rejected in the category of "private" and are not inserted systematically in the Customary's book; because of this, they are threatened to lose their legitimacy. This process is taken up again and emphasized by the Customaries's commentators and the legal experts, from 16th to 18th century, in their search of a future common law.
