Close

June 20, 2017

Allodium

Allodium (Allodium, alleu) – in feudal law form independent of land tenure. The word “allodium” is found in the barbaric truths in the form of alodis (Salic law, 59), where it means the inheritance by law (according to some, inheritance is exclusively movable). In the feudal era, in the XI – XIII centuries, the term “allodium” exclusively attached to the ground. Allodium is opposed to beneficial, the land, the right to the use of which is inextricably linked with the service and terminates with the termination of service, and Lena (the feud), the transfer of which inheritance, and alienation is possible only with the consent of the overlord and are paid a certain fee (relief). Allodium – land of the free and independent, it is full property of the owner. Allodial property is not caused by service and is not connected with any duties. Above it, there is suzerain. Allodium is inherited without any restrictions. When you inherit the rage usually is divided into equal parts among the heirs as opposed to mere fiefdom, where a senior has advantages and baronial, in the succession which adhered to a strict entail. In disposing of the allodium requires only the consent of the relatives, especially brothers, as persons directly concerned. No dues to the overlord, complicating the alienation of the feud, does not exist. Such is the legal nature of rage.

Len and allod as a form of tenure did not exclude one another. The rage dominated in that era, when in fact the feudal relations have not yet reached a large spread, when the fief system was developed. Classic country rage is the South of France: Aquitaine, Languedoc, Provence, etc. At that time, as in Northern and Central France was already in full force the rule nulle terre sans seigneur (“there is no land without a master”), i.e. each land should acknowledge him except the immediate owner, and the suzerain, in the South the steering is just the opposite: nulle terre sans seigneur – everyone needs to prove their right of suzerainty over the land with a written document; otherwise, land is considered as a rage. The predominance of allodia relations in the South of France due to the influence of Roman written law, which could not cope, grew up on the aristocratic soil of the German custom. From other countries allod was circulated in the interior of Germany more than anywhere else, due to the remnants of old customary law free, pre-feudal era. In addition, English tsenziva in fact closer to rage than to Lena, because that’s where the addiction comes down solely to the dues. From the XIII century the displacement of rage flax. The reasons for this are various. Allodium, in fact, always remained outside the feudal relations in the proper sense. In addition, allodial owners might not feel good among the domination of the feudal organization. They remained quite distinct to that time; the fief system was a strong bond. The complex feudal hierarchy provided mutual aid to all its members, and the last minor Baron knew that would always find help from his suzerain. To eliminate their isolation, allodial landowners tried to organize unions in opposition to the feudal, but they are not reaching goals. Freedom from service obligations were not rewarded for all these inconveniences, and allodial owners voluntarily, then forcibly were forced to transfer their land into fiefs. Feudal owners, ending with the king always looked askance at the existence of a free property and did not allow the case to give a feel for the owners of rage of isolation. In the end the rage, almost completely sinks in a network of fief ownership and in the XIV century comes only sporadically even in those countries where it was formerly dominant.

Leave a Reply

Your email address will not be published. Required fields are marked *