Dokumentalität. Der Urkundsbeweis als heimliche "regina probationum" im Gemein Recht

• Autores: Mathias Schmoeckel
• Localización: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte.: Kanonistische Abteilung, ISSN 0323-4142, Vol. 127, 2010, págs. 186-225
• Idioma: alemán
• Texto completo no disponible (Saber más ...)
• Resumen

  • The history of legal evidence has displayed little interest in the development of written proof. It has been regarded as a lesser proof compared to confesion and testimony. However, even the earliest tracts on legal procedure display a great esteem for charters in assuming their validity unless their manipulation is proven. Two three or four witnesses were necessary to prove a document false. It was even more difficult to challenge parts of public archives. This mirrors the establishment of state administration with is public archives (municipality, tribunals) and of the notaries public. In Modern Times instruments became more frequent (especially) in France by legislation, as such deeds provided for an efficient means of public control. In Saxony it became a common habit not only of the rulers, but also of private households to keep written accounts of daily life. Such an idea to document the tidiness of domestic and public life can be linked with ideas of the Protestant Reformation.