Ideology and Technique in a Legal Definition (the Obertine Definition of Feudo from the Glossators to Cujas)

Abstract

The paper examines the way jurists, since the glosses, until Jacques Cujas, analyzed the definition of feud within the interpretation of common law, in the light of the Oberto dell’Orto’s writings. By this perspective, this author reviews aspects of the feudary real situation as an useful domain, grounding the usufruct’s technical inadequacy to express it, as well as analyzing the fiefs’ later characterization as quasi-dominium, found mainly in legal thought of sixteenth and seventeenth centuries’ jurists