Юридическое наследие короля Альфонсо X Мудрого и корпоративное право Португальского университета в конце XIII-XIV вв.

Исторический вестник. 2015. Т. 12 (159). С. 102–121.

Rusanov A.

Legal heritage of king Alponso X the Wise and corporative law of The Portuguese university in late 13th–14th c.T

This article observes how the juridical heritage of King Alfonso X El Sabio influenced the corporative law of the Portuguese university founded in 1288–1290 in Lisbon by Alfonso’s grandson, King Denis. By dynamic borrowing and translation of Castilian juridical texts (Fuero Real, Siete Partidas) Portuguese legal tradition adopted the new model of studium generale. The idea of rex illustris (and especially the king — protector of schools) was very important for the early history of the Portuguese university. In the Magna Charta privilegiorum (1309) the image of the higher school related to this idea and was adopted from the Castilian historical texts combined with the experience of the University of Salamanca. Later, in context of the forming of the unified Royal Law the situation was changing. On the one hand the care for the University still was still interpreted as a special duty of the King (for example by the Cortes in Elvas in 1361). On the other hand members of the university considered the usage of the Partidas as the legal source in their cases as a violation of their privileges (as it can be seen in the Diploma of 1361). We can see how the privileges that had been granted in the special context of the «prestige struggle» between Iberian kings became the foundation of the university corporative law for centuries.

Keywords: история университетов, history of universities, Альфонсо Х Мудрый, Portugal, Португалия, испанское средневековое право, Spanish medieval law, Alfonso X