От «Поэмы о Фернане Гонсалесе» к «Первой всеобщей хронике»: особенности репрезентации образа графа Фернана Гонсалеса в XIII в.
In this paper were examined the concepts of uso and costumbre as they are reflected in the Siete Partidas of Alphonse the Sage of Castile (1252 – 1284). Author analyses the problems of its introduction, principal qualities and procedure of the abrogation of a custom. The special consideration is given to the organic connections existing between the law of medieval Castile and the doctrine of European ius commune.
In this article is considering the process of a forming and evolution of the concept of yerro in the romance language of the first half of XIII cent. On basis of the bilingual texts of the period (Etimologiae of Isidor of Seville, Fuero Juzgo) and also of the official papers of Fernando III is making an analysis of the principal meanings of described concept in this period. Yerro during the reign of Fernando III was considered as a term more ethical than juridical and was used mainly for designate an error, a sin, a fault, but not a crime.
In the article are reconstructed the sources of the law P.VII.1.3 from the “Siete Partidas” of Alphonse the Sage (1252 – 1284) and made some observations about legislative technics of the Castilian jurists. Author has affirmed that the legists of Alphonse X had used as a sources some fragments of book IX of Justinian Code, of book LXVIII of Justinian Digest and – perhaps – of book IX of Theodosian Code. Also has noted that the Castilian legists, from one side, had used the Justinian Corpus without call its texts in question but, from another side, had done it very freely. The last is not usual for work of medieval jurists, according to classical historical conceptions.