Warranty Obligations in Western France, 1040-1270: Law, Custom, and Lordship

This open-access book explores warranty obligations in Western France during the central Middle Ages, challenging the prevailing narrative of a thirteenth-century development and emphasizing the importance of lordship in understanding the phenomenon. It provides a comprehensive account of warranty clauses in documents and prescriptive lawbooks, along with a rich corpus of case material, offering insights into legal practice and broader questions of legal change.

Format: Hardback
Length: 132 pages
Publication date: 12 February 2023
Publisher: Springer International Publishing AG

This expansive open-access book delves into the intricate realm of warranty obligations in Western France during the vibrant central Middle Ages. Warranty encompasses the solemn commitments individuals made when transferring property, aimed at safeguarding the transfer from external challenges and providing compensation in case of unsuccessful defense of transactions. Surprisingly, this critical subject has yet to receive a comprehensive and in-depth examination, leading to a plethora of untested generalizations in scholarly interpretations. Warranty has traditionally been perceived as a thirteenth-century innovation, largely influenced by Roman law and the evolving dynamics of family structures.

In contrast, this book presents a comprehensive analysis of warranty in Western France, encompassing a vast temporal span from the initial appearance of warranty clauses in documents in the 1040s to the compilation of vernacular lawbooks in the 1270s. By examining warranty in its entirety, this book offers a unique window into legal practices during the central Middle Ages, raising profound questions about broader processes of legal change. It emphasizes the pivotal role of lordship, particularly in understanding the development and evolution of warranty obligations. This book challenges prevailing explanatory narratives employed by scholars in their discussions of warranty, prompting us to contemplate the diverse stories we construct when examining legal transformations.

By combining documentary and prescriptive lawbooks, along with a rich corpus of case material, this book provides a comprehensive account of a relatively understudied phenomenon. Its insights can shed light on broader interpretative questions that are central to French legal history, enriching our understanding of the complex tapestry of legal developments during this fascinating period.

Weight: 331g
Dimension: 210 x 148 (mm)
ISBN-13: 9783031145162
Edition number: 1st ed. 2023