Adams, Henry Essays in Anglo-Saxon Law

ISBN 13: 9781459046979

Essays in Anglo-Saxon Law

 
9781459046979: Essays in Anglo-Saxon Law
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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1905. Not illustrated. Excerpt: ... vassal in return for specified services; while the latter, who again granted the land out of his possession for a fixed rent, did not lose his seisin. If a contest arose between the vassal and lord for the possession of property, he only had the seisin who exercised the derived right; but in a contest with a third person, not thus bound, the seisin belonged to the first holder, who had transferred the possession. The seisin, or legal possession, of the German law, can then be defined as the actual exercise of a right of possession,1 whether this existed in the immediate physical detention, or in the right to the revenue. As has been stated in the procedure of movables, the actions of German law were largely based on contract. In regard to land, the contract for an object settled in specie conveyed a real title, without transfer of possession, as soon as one party had fulfilled his part. From this point of view, Sohm has first given a rational explanation of traditio and investitura. Traditio was a contract, like venditio or donatio, and on the payment of the earnest-money, or arrha. ownership arose; while investitura was but the execution and accomplishment of the acquisition of ownership. Since the beginning of the sixth century, traditio appeared only as a contract (venditio, donatio, concambium); while the church, to whom gifts were almost solely made, looked to it that this acquisition of ownership was made through documents, and should be thereby capable of proof at any future time. Investiture has only been mentioned since the eighth century in Frankish documents; and a document has never since been received as conveying investiture. A writing to be sure was received; but this "notitia" or "breve " was only in the manner of an appendix to the contract docu...

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