Title: Zur Beweiskraft von Traditionsnotizen im österreichischen Raum
Variant title:
- The power of evidence in traditiones from Austria
- K průkaznosti tradičních záznamů v prostoru Rakouska
Source document: Studia historica Brunensia. 2018, vol. 65, iss. 1, pp. 19-35
Extent
19-35
-
ISSN1803-7429 (print)2336-4513 (online)
Persistent identifier (DOI): https://doi.org/10.5817/SHB2018-1-2
Stable URL (handle): https://hdl.handle.net/11222.digilib/141835
Type: Article
Language
Summary language
License: Not specified license
Notice: These citations are automatically created and might not follow citation rules properly.
Abstract(s)
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.