For (right)

In legal vocabulary, the for (of Latin forum, public place on which sat the court) indicates the court which was seized by a business, and thus concretely, the place where a business is judged.

the law of for or lex fori is the law which must be applied to a given situation is the law of the place where the jurisdiction was seized (International law in particular).
the privilege of for : favors according to which a certain category of people can decline geographical competence resulting from common the procedural legal provisions.

The for also indicates the habits, privileges or freedoms of a particular place (for of Béarn,… in Spanish, fuero ).

Internal and external For

In canonical Right, it is made distinction between for intern (or interior), corresponding to the judgment of an act compared to its personal conscience, and the external for (or outside), corresponding to the judgment of an act compared to external objective criteria. A Confession concerns for intern; it is freely given, and associated penitences are freely accepted. Conversely, a Jugement in canonical right can treat only external for: it is limited to judge acts or words objectives, and a contrario can impose sanctions.

In criminal law, the external distinction between for and intern make it possible to avoid the taking into account of offenses of opinions, to sanction only offenses corresponding to effective actions.

Privilege of for

For example, out of civil matter:

the Magistrates (to which the Advisers of conciliation board are comparable),
assessors of the equal Courts of the rural beams,
judges of the Bankruptcy courts,
auxiliaries of justice

hold of the Loi the right to decline the competence of the jurisdiction in which or in front of which they exert. They can ask so that the business which relates to them be returned in front of a court of a spring bordering. (see Article 47 NCPC). It is about a simple faculty which constitutes a safety for that which profits from it. It can thus give up it, even tacitly. Their adversary cannot be prevailed of this privilege which is personal. The court cannot be deprived of office to the profit of the jurisdiction bordering.

Habits

The fors are old local laws in Spain, France and with the Portugal, like in some Portuguese colonies.

fueros (Spanish),
furs (Catalan),
aforamento (Portuguese).

Right Portuguese

In European Portugal, the fors (foral, plural drilled) was conceded by the kings between and the centuries has populations which asked him to protect them from the lords, or to populate strategic zones of the kingdom by attracting there free inhabitants or former serfs who did not want to fall down in serfdom. The cities equipped with a for became the seat of an autonomous municipal territory, under only military and legal protection royal, and were not either built-in with the royal inheritance dominial. One generally names this policy followed by kings Bourgognes of support has their middle-class against the nobility seigneuriale como 'Alliance King-People . These cities thus privileged quickly became most important of the kingdom, and those their inhabitants who had right of citizenship (cidadãos), could only elect their local government, with several revenue duties and of magistrature moreover. These cities were denied the presence of noble has their beginning, but after the 15th century the rule is to see these citizens merging more and more at a new nobility modern, mercantile, military and voyageuse, mixed with the old nobility seigneuriale.

With the world expansion of the Portuguese empire at the 15th century, the new economic mode of capitalism seigneurial of State, or royal monopolistic capitalism, the total centralization of the royal capacity or the State achieved as of Jean II made it possible Manuel Ier to proceed to the reform and the uniformatisation of all the fors to the beginning.

In the Portuguese Empire, one saw on the other hand has his beginnings after 1415 the royal concession of royal privileges with the noble ones overseas, between which the right to give fors there oú they became lords, in particular in Brazil. This situation however will quickly be reversed as soon as the royal capacity is able to do without them to colonize and manage itself directly.

the first for conceded by a lord out of Portugal is that given by Prince Henri, duke of Viseu and Maître of Christ, with the factorie of Arguim, currently in Mauritania. The royal first for granted out of Europe east that conceded by Jean II in 1486 the new mining city strengthened of Mined, actuellemen Elmina in Ghana.

the right was standardized under Pierre IV on all the territory after the Portuguese Civil war, in the year 1834, by the minister Mouzinho da Silveira, with the final abolition of the fors and the establishment of an administration and legislation main roads unified.

finally, I point out that " Aforamento" or Enfiteuse does not mean in Portuguese for, but Emphytéose just like in French, it will thus be necessary to change the corresponding entry of Wiki Portuguese has for . And still that to Portugal and in the lusophonie the word for applies exclusively to the municipal right resulting from the charters granted by the king, except in the rare above-mentioned cases of delegation of the royal rights for specific and logistic reasons of the beginnings of the empire.

Right Spanish

The fors local or municipal corresponded to the whole of the following legal statuses:

coutumnes of each locality,
privileges granted by the kings,
the whole of the provisions which protected the nobility, the clergy, and the vassalage of a zone.

It was about a solemn pact between the people and the king, and also, by extension the laws which governed such or such region or locality.

Single-breasted Basque

It is a constitutional text being used to negotiate between the small Basque states and their new king. When the Romans settled into 194 Before J.C in the current Basque Country, the fors were made verbally, and freedoms of the Basques were assured. It must be waited until 1155 so that the first fors are written and signed in Navarre. Moreover today in the denomination of the the Community Forale de Navarre , the word Forale comes from For .

Fors in Béarn

They are laws organizing a community and granting advantages to him to support its prosperity and its development. The fors constitute a type of legislation which appeared initially in Aragon and Navarre.

, The Viscounts of Béarn granted fors to the boroughs of their possessions. Oldest for inhabitant of Béarn is For of Oloron (1080). The city had been destroyed by the Viking S. to rebuild it and to attract new inhabitants, the Viscount Centulle V granted many advantages to these new Oloronais from which some came from Aragon.

Morlaas then capital of Béarn obtains a for in 1117.

All the Inhabitants of Béarn wanting to profit from new freedoms, the Viscount Gaston VI Moncade, in 1188, grant general For of Béarn. For limit capacities of the Viscount, because itself is held to respect the general law. It regulates also the capacity of the vassal ones. The taxes are distributed a little better. In Béarn, even the noble ones pay taxes. The villages profiting from for elect councils of communities made up of jurats elected by inhabitants. The fors grant a protection of the individual rights.

The valleys of the mountain Inhabitant of Béarn-Ossau, Winder, Barétous, are at the time of small republics where the capacities of the Viscount are very limited. They are directed by trade unions of valleys which bring together representatives of the families. Those decide distribution of the pastures and use of the common forests. The trade unions can sign agreements, treaties with the Aragoneses or the Navarreses: juntas.

In 1221 for the valley of Ose, in 1222 for the valley of Winder, in 1247 for the valley of Barétous, the Viscount makes put the old habits in writing. In the north of the Pyrenees, Béarn was not the only country to have fors. Those of Bigorre go back to 1112. Villages had their fors in the Comminges, in country of Foix, Armagnac.

See too

Pyrenean Republics

Random links: