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Pedro Barbosa (jurist)
Pedro Barbosa (1530/35-1606) was a Portuguese jurist and the leading representative of the ''ius commune'' and the '' usus modernus'' in Portugal. Teaching law at the University of Coimbra in 1557–64, he came to hold the highest judicial offices, including with the Inquisition, as judge of the '' Casa da Suplicação'' and the '' Desembargo do Paço'', and as '' Chanceler-mor do Reino''. Barbosa also wrote numerous tracts on family law, inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ... law and procedural law. References * 17th-century Portuguese lawyers 1530s births 1606 deaths 16th-century Portuguese lawyers Academic staff of the University of Coimbra {{Portugal-law-bio-stub ...
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Ius Commune
''Jus commune'' or ''ius commune'' is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ''ius commune'' was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. (''Ius commune'' is distinct from the term "common law" meaning the Anglo-American family of law as opposed to the civil law family.) The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements. Etymology The ', in its historical meaning, is commonly thought of as a combination of canon law and Roman law which formed the basis of a common system of legal thought in Western Europe from the rediscovery and reception of Justinian's Digest in the 12th and 13th centuries. In addition to this d ...
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Usus Modernus
The usage of a language is the ways in which its written and spoken variations are routinely employed by its speakers; that is, it refers to "the collective habits of a language's native speakers", as opposed to idealized models of how a language works or (should work) in the abstract. For instance, Fowler characterized usage as "the way in which a word or phrase is normally and correctly used" and as the "points of grammar, syntax, style, and the choice of words." In the descriptive tradition of language analysis, by way of contrast, "correct" tends to mean functionally adequate for the purposes of the speaker or writer using it, and adequately idiomatic to be accepted by the listener or reader; usage is also, however, a concern for the prescriptive tradition, for which "correctness" is a matter of arbitrating style. Common usage may be used as one of the criteria of laying out prescriptive norms for codified standard language usage. Modern dictionaries are not generally ...
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University Of Coimbra
The University of Coimbra (UC; pt, Universidade de Coimbra, ) is a Public university, public research university in Coimbra, Portugal. First established in Lisbon in 1290, it went through a number of relocations until moving permanently to Coimbra in 1537. The university is among the List of oldest universities in continuous operation, oldest universities in continuous operation in the world, the oldest in Portugal, and played an influential role in the development of higher education in the Lusophone, Portuguese-speaking world. In 2013, UNESCO declared the university a World Heritage Site, noting its architecture, unique culture and traditions, and historical role. The contemporary university is organized into eight faculty (division), faculties, granting bachelor's (''licenciado''), master's (''mestre'') and doctorate (''doutor'') degrees in nearly all major fields. It lends its name to the Coimbra Group of European research universities founded in 1985, of which it was a fou ...
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Portuguese Inquisition
The Portuguese Inquisition (Portuguese: ''Inquisição Portuguesa''), officially known as the General Council of the Holy Office of the Inquisition in Portugal, was formally established in Portugal in 1536 at the request of its king, John III. Although Manuel I had asked for the installation of the Inquisition in 1515 to fulfill the commitment of his marriage with Maria of Aragon, it was only after his death that Pope Paul III acquiesced. In the period after the Medieval Inquisition, it was one of three different manifestations of the wider Christian Inquisition, along with the Spanish Inquisition and Roman Inquisition. The Goa Inquisition was an extension of the Portuguese Inquisition in colonial-era Portuguese India. History The major target of the Portuguese Inquisition were those who had converted from Judaism to Catholicism, the Conversos (also known as New Christians or Marranos), who were suspected of secretly practicing Judaism. Many of these were originally Spanish J ...
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Tract (literature)
A tract is a literary work and, in current usage, usually religious in nature. The notion of what constitutes a tract has changed over time. By the early part of the 21st century, a tract referred to a brief pamphlet used for religious and political purposes, though far more often the former. Tracts are often either left for someone to find or handed out. However, there have been times in history when the term implied tome-like works. A ''tractate'', a derivative of a tract, is equivalent in Hebrew literature to a ''chapter'' of the Christian Bible. History The distribution of tracts pre-dates the development of the printing press, with the term being applied by scholars to religious and political works at least as early as the 7th century. They were used to disseminate the teachings of John Wycliffe in the 14th century. As a political tool, they proliferated throughout Europe during the 17th century. They have been printed as persuasive religious material since the invention ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights en ...
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17th-century Portuguese Lawyers
The 17th century lasted from January 1, 1601 ( MDCI), to December 31, 1700 ( MDCC). It falls into the early modern period of Europe and in that continent (whose impact on the world was increasing) was characterized by the Baroque cultural movement, the latter part of the Spanish Golden Age, the Dutch Golden Age, the French ''Grand Siècle'' dominated by Louis XIV, the Scientific Revolution, the world's first public company and megacorporation known as the Dutch East India Company, and according to some historians, the General Crisis. From the mid-17th century, European politics were increasingly dominated by the Kingdom of France of Louis XIV, where royal power was solidified domestically in the civil war of the Fronde. The semi-feudal territorial French nobility was weakened and subjugated to the power of an absolute monarchy through the reinvention of the Palace of Versailles from a hunting lodge to a gilded prison, in which a greatly expanded royal court could be more easily ke ...
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