Allod

The allods ( altniederfränkisch ALLOD, " full ownership ", " fully, completely" to all and OD "All right, possession ."; Mlat allod or Allodium ), also own property or inheritance or freehold, described in the medieval and early modern law a possession ( almost always land or urban land ), on the its owner ( the owner of the Manor or the Erbfrau ) could freely dispose.

Description

The possession was therefore not bound by benefits or obligations of the holder to any other person. A allodium could be inherited free according to the customary law. Originally, not even to be paid by the income from Allodialgütern taxes to the Prince.

In all of these properties, the allods from the feud that just did not belong fully to the Lehnsnehmer or vassals difference. The top property remained with the feudal lord, the different of his vassals mostly by the common law could require certain services. Fief was called usable property, allods other hand, was full ownership. This was also reflected in contemporary synonymous term for allods, heritage and own, to express. The possession of the citizens within the jurisdiction of municipal law had allodial character in general. Likewise, the church founder owned their land as an inheritance and own.

The conversion of a fief in inheritance - a commonly used process in the 19th century - is called Allodifizierung or Allodifikation. This feud remained by the rights of Lehnsfolger restricted property. Repealed was only the top property of the feudal lord, while the rights of Lehnsfolger not suffered an impairment. The feud approached so as so-called feud allodifiziertes the Familienfideikommiss; often it was also explicitly converted to Fideikommissgut.

Origin and historical development

The allods as possession form emerged among the Germanic tribes, peoples, before it came to the education of the feudal system. Land that was originally a common property of the whole national community, was handed over to the individual member. The Germanic peoples distributed or raffled land of conquered by them and taken possession of countries under their free men. This results in the essential character of the Allodialeigentums: an Allocated and verbürgtes by the will of the whole people or by the people law -free property. The owner is free of all private dependency and restriction of his property rights.

In many regions initially covered only the owner of a Allods as Free, who participated in all community, public duties and rights. They were the members of the regional community. The free landowners of the early Middle Ages, are one of the groups from which evolved over the period of needle. They saw themselves as equal partners in the country gentlemen, because they were connected to him as comrades in the national community, and not subordinate to him as vassals. The one with the Allodialgut freedoms it ( tax exemption, hunting rights, etc.) were able to obtain only the nobles in most countries - even if they subordinate themselves after 1500 the Prince more and more needed ( Statehood ) - the politically and economically influential class of remained landowners. The term allodium occurs only in Franconia and the law of the Frankish tribes affected territories. Since the Battle of Hastings in 1066 there were in England no more allods, in France mainly in the south. In Germany, the allods - owned focuses in particular the nobility to the south. Many gentlemen who formed their powerful position on extensive allodial, there were in the eastern Alpine countries and in the countries of the Bohemian Crown. The king as supreme feudal lord was never master of the entire Empire territory.

Allodial could also arise if the lord renounced in favor of the vassal to his rights. Deforested land is considered by the prince as Allodialgut. Conversely, free land lords were punished for an offense occasionally by the sovereign converted its freehold in a fief.

The differences between the two medieval feudal ownership forms and allods were with time less and less. For one, the vassals were demanded no more Lehnsdienste at least since the 17th century and also the inheritance of Lehnsnehmer was much stronger in the early modern period, on the other princes had the free men can force already in the 16th century to regular tax payments. By the 19th century the feudal law in most European countries has been gradually abolished. At this time, the concept of property under civil law comes to how he has been shaped primarily in civil code. While in France the " Régime féodal " 1789 ended with a stroke of the pen of the revolutionary legislature, it takes in Germany until the mid- 20th century until the feudal law was abolished (1947 by Control Council Law ).