The contract of "locatio conductio" : some notes about its reception in the spanish medieval law : with a special reference to "Partidas" code

Abstract

The High Medieval Spanish Law is really influenced by the process of Reconquest of the territory, which also involved that very different legal systems coexist in the Iberian Peninsula: the visigothic Law throgh the Liber Iudiciorum, the Fazañas or customary practice law, and the system of municipal Fueros. It was Alfonso X, the Wise, who made –towards mid-Thirteenth Century– the first real try to create a new and systematic Legal Code applicable to any territory under his rule, to the whole Kingdom: the Partidas, although previously he had just made other two legal codes: the Especulo and the Fuero Real. The focus of our paper is trying to analyze how it was the reception that the roman contract of locatio conductio had in this legal mess existing in Medieval Spain, which is just specifically referred in the Fuero Real (Title XVI of the Third Book), although it is in the Partidas Code (Title VIII of the Partida V) where it had its fullest development.