Aspectos de la revolución jurídica en el decreto de los señoríos de 1811
DOI:
https://doi.org/10.3989/hispania.2001.v61.i209.289Keywords:
Modern History, 19th, Century, Spain, Social History, Bourgeois Revolution, Lordships, Property JurisdictionAbstract
One of the basic elements which the bourgeoisie needed to address in the process of revolution was the transformation of the landholding regime and the instruments which conditioned the social relations of production: seigneurial, and principally jurisdictional, rights. This meant two tasks: overcoming the juridical structure that underlay the feudal property regime and the creation of a new system that might regulate relationships of capitalist production. Peculiarities and doubts about the origin of the feudal property regime and seigneurial rights, and the relationship between the two, would open up a series of questions relating to their legality and legitimacy, including the right of compensation. The process would be made difficult by the juridical mechanisms of feudalism, and approaches took different paths {conservative, reformist, revolutionary) reflecting the socioeconomic interests at stake, all trying to make use of the preceding legal apparatus to their benefit.
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