JOBERT (Philippe) – THE NOTION OF DONATION. CONVERGENCES: 630-750, Pre

JOBERT (Philippe)

THE NOTION OF DONATION. CONVERGENCES: 630-750, Preface by Jean Bart, Doctoral thesis defended before the Faculty of Law and Political Science of Dijon in 1971, Publication of the University of Dijon, vol. XLIX

Édition :

Paris

Date :

1977

octavo, paperback, (stained cover, worn corners), interior very fresh, 235 p.

“Under this enigmatic title, the author intends to discern the role of the various currents of influence that, during the Merovingian period, may have ‘colored’ the idea of reciprocity, generally underlying the concept of donation. He emphasizes that, in the Germanic tradition, the prestige of the donor implies a dependence on the recipient, unless the latter provides material compensation to their benefactor. After analyzing the data provided by Tacitus on this subject, he studies the Frankish law of affatomy, the Lombard thinx and launegild: the necessity of a counter-performance remains clearer in Lombard law than in Frankish law. In the rules of Roman law stemming from the Late Empire, the author sees a second type of compensation for donation, expressed in moral requirements (the recipient’s duty of gratitude) and in strict formalism (it is less clear how the idea of compensation is manifested through this formalism).” The survival of Roman legal prescriptions in Burgundian and Visigothic compilations, and of Roman forms in Merovingian practice, are studied at length. In the second part, the author examines the evolution of the donation “for the remedy of the soul,” searching for doctrinal elements in the Old and New Testaments and in the writings of the Church Fathers regarding the value of almsgiving. From the 5th century onward, almsgiving became a common theme in doctrine, but also a rule enabling the Christian people to establish a relationship with God for the redemption of sins. The gift pro anima, “a liberality involving landed property and granted to a church or monastery so that its clergy may pray for the soul of the donor” (p. 205), plays an essential role in this regard. To such an extent that legal doctrine must strive to maintain the spiritual aspects of almsgiving, which the masses tend to replace with self-serving calculations. The author convincingly demonstrates how the pro anima donation differs from the Lombard and Roman traditions, bearing witness to a third type of reciprocity: spiritual reward this time, not only for the donor himself, but also, from the second half of the 5th century onward, for his family, thanks to the idea of the reversibility of merit. The breadth of the field explored by the author precluded a systematic study of the mass of documents attesting to these pro anima donations. His aim, to understand the human motivation behind these legal acts, did not, moreover, require it. On the other hand, it was essential to consult non-legal sources for this purpose, and the author deserves high praise for the extensive research he conducted. » (Philippe Godding, Belgian Review of Philology and History, vol. 60, fasc. 2, 1982. p. 490 et seq.).

Référence : 51715

50,00 €

Mots-clés : Ancient Law - History of Law, Inheritance Law