| Abstrakt: |
During the High Middle Ages, hereditary land tenure prevailed throughout East-Central Europe, often in a formalised manner based upon the ius emphyteuticum, whereby peasants were guaranteed a stable amount of land rents to be paid to landlords. There was, however, a legal institution that enabled the landlords to practically renegotiate original settlement contracts without openly violating them, in order to increase their income: the law of re-measurement of settlements (ius mensurationis). On examples from Silesia and Bohemia we have demonstrated that the landlords used this means plentifully, either directly through its actual implementation, or indirectly by renouncing their claims for payment. We have also hypothesized on the rationale and origin of the ius mensurationis, analyzed who could raise claims based upon it, and commented on the formulas related to this legal institution, which may be found there in Silesian and Bohemian charters. [ABSTRACT FROM AUTHOR] |
