THE MEDIANEDO IN THE LOCAL FUEROS: A SPANISH MEDIEVAL INSTITUTION FOR THE RESOLUTION OF THE LAWSUIT FOR KIDNAPPING WITH A POSSIBLE GERMANIC ORIGIN

Authors

  • YOLANDA QUESADA MORILLAS Freie Universität Berlin

DOI:

https://doi.org/10.21134/sjls.vi3.1386

Keywords:

Defence of the democratic constitution, Law of exception, Comparative law, Martial law, Habeas corpus, Spanish constitutional history, Suspension of constitutional guarantees, States of prevention, alarm and war, Public Order Acts

Abstract

This article will analyse the crime of kidnapping in the Middle Ages, and in particular in certain fueros which include a procedure that was previously unknown in the Iberian Peninsula: the proceeding of medianedo. Its characteristics and the requisites for its being carried out and the manner of its regulation are examined in detail, as well as the criminal consequences for the kidnapper and for the kidnapped woman, who has the power of choice in this procedure.

Published

2019-12-01

Issue

Section

GUEST