This chapter focuses on: the concept of Germanic law; Barbarian code; Salik code; Changes in land ownership; The characteristics of Germanic law and its influence on later generations

Section 1 Overview

First, the concept of Germanic law.

Germanic law is the general name of the laws applicable to Germanic people in various Germanic countries during the formation of Germanic feudal countries in the early 5th-9th century.

Second, the origin and development of Germanic law

(A) the origin of Germanic law

Germanic law originated from Germanic primitive tribal habits, which is the main source of Germanic law.

(2) Barbarian Code

In the second half of the 5th century, Germanic law began to become a culture, and "barbarian code" appeared.

(c) Coexistence of Germanic law and Roman law

(4) Royal Decree

Section II Basic Contents of Germanic Law

I. Property system

(A) the land system

1. Land ownership of Kyle Commune

Also known as free peasant land ownership, it is essentially a public land system, which was later transformed into private land.

2. A lot of land ownership

The person who acquires this land has complete private rights.

3. Feudalism

A system of occupying land under certain obligations.

4. Land distribution of serfs

It was a small piece of land that the serfs got from the lords.

(2) Other property.

Second, the creditor's rights system.

The debt law of Germanic law is very underdeveloped.

Three. Marriage, family and inheritance system

Marriage and family system

Germanic law is monogamy, usually buying and selling marriage. In the family, men have parental rights.

(2) Inheritance system

Germanic law implements different inheritance systems for different properties.

Fourth, the criminal system

In Germanic law, the difference between crime and tort is very vague, which is generally called illegal behavior.

The punishment is the death penalty, and it is declared to be out of legal protection. Revenge has been banned since the late 8th century.

Verb (abbreviation of verb) judicial system

(A) the court organization

Court organizations are divided into two categories: ordinary local courts and royal courts.

(2) Litigation system

In ordinary courts, the prosecution procedure is adopted;

In the royal court, the interrogation procedure is adopted.

Section 3 Characteristics and Historical Position of Germanic Law

First, the characteristics of Germanic law

Second, the historical position of Germanic law

Third, the influence of Germanic law on later generations.