Zur Beweiskraft von Traditionsnotizen im österreichischen Raum
Roč.65,č.1(2018)
Abstrakt
Klíčová slova:
traditiones; conclusiveness; legal continuity; evidence; charter evidence; notoriety; party-neutral authentication; witness proof; forgery of instruments; private sealed charters
Stránky:
19–35
K průkaznosti tradičních záznamů v prostoru Rakouska
The power of evidence in traditiones from Austria
In recent years, traditiones were often characterised as "party-neutral authentications" with legal power. But there are arguments against this view, since noblemen tended to register legal acts only occasionally within monastic traditiones. Apparently, they didn't assign them any official credibility. There is also no proof that traditiones were recognised as legal evidence in court. More likely, they were considered as memory aid in oral contracts, even when the notoriousness could guarantee the legal continuity in excess of the witnesses proof.
traditiones; conclusiveness; legal continuity; evidence; charter evidence; notoriety; party-neutral authentication; witness proof; forgery of instruments; private sealed charters
19–35
