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Lex Antiqua Valachorum
Lex Antiqua Valachorum, meaning "Ancient Wallachian Law", also called Jus Valahicum/Valachorum ("the Wallachian Right"), represents a collection of the Romanian pre-statal judicial system, with afferent juridical rituals, customs and traditions, kept and transmitted from generation to generation.
In the Romanian landsConsidered holy, this system was known as "Legea pământului"/"Obiceiul Pământului" ("the Law of the Land"), "Legea Ţării" ("the Law of the Country") or "Legea Străbuna" ("the Ancient Law") in the Romanian language. Most probably this set of laws developed in the Early Middle Ages, when the natives, not part of any local statal entities of their own, had to find way to interact with the military dominant nomadic tribes which swept the lands during the Age of Migrations (see Early Middle Ages in Romania). The first Romanian Law Codexes, such as those of Alexandru cel Bun, Vasile Lupu, Matei Basarab (Pravila de la Govora - 1640; Îndreptarea Legii - 1652), Grigore Callimachi (Codul Calimachi; 1817), Ioan Gheorghe Caragea (Legiuirea lui Caragea; 1818) left "maneuver" space for the power of these laws, and directly referred to it, regarding other sensitive laws. In Romania, the position of the laws had maintained powerful well until the 19th century, but after the appearance of the Civil Code of 1864, its powers were refrained, although some articles (such as 548, 600, 607, 1351, 1456, 1443), still referred directly to it.
[edit] Content and descriptionThe laws concerning property are about the relationship between man and the land administration, regarding fields and crops, pastures, forests, roads, etc., norms regarding the agricultural works: cultivating soil and raising livestock, logging, the work hierarchy, etc.
The laws also concerned the social organisation of the population, of patriarchal pyramidal scheme, whose levels although estimated on competence, were isolated with an objective criteria: the age. At the base was the undefined (whole) mass of village inhabitants, in charge with tasks of general interest (e.g.: the "Caloian"). At a superior level there were the unmarried youths between 17 and 26 years old, grouped according to spiritual characteristics in a very disciplined manner, and lead by an elected chieftain called "jude" which sometimes wore zoomorphic masks. They had to carry certain tasks and rituals (calendaristic: solstice or equinox rituals, such as the "Colindat" ritual, agrarian rituals, e.g.: the "Cununa", pastoral rituals, e.g.: "Roata de Foc", religious rituals, e.g.: the "Căluşari", or pseudo-military, e.g.: "Arcaşii", "Junii", "Şoimii" rituals, the Haiduc bands, etc.). The pyramid's next level was constituted by the married, established men, and culminated with the "Sfatul Bătrânilor" (the "Council of the Elders"), gathered into a council, with extended prerogatives: care for the perpetuation and unaltered preservation of ancient habits and customs, and assuring the complete respect of the "Ancient Law". Usually, the judgement was done in front of the elders, starting from the dawn until dusk. The sentences, such as mild or heavy physical punishments, expulsion from the village or even death, were respected by all inhabitants.
Among other concepts, without modern recognised correspondents, were the law of hospitality, the law of humanity, the law of purity, the law of family relations and organizations, etc. Details: http://en.wikipedia.org/wiki/Lex_Antiqua_Valachorum
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02.01.2011. 00:03
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