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The term leaning nature, also Feudalwesen (Feudalismus) or Benefizialwesen, designates the political-economic system of the relations between leaning gentlemen and belehnten Vasallen. It formed the basis of the high-medieval social order of the states, above all however holy Roman Reichs.Auch in other cultures, in particular in Japan (see Samurai) developed for structures, which can be compared with the European leaning nature. These are not to be treated here however.
In the early Middle Ages the leaning nature formed after the model of the Roman clientele nature and from the Germanic Gefolgschaftswesen. The leaning gentleman, who was the legal owner of reason and soil or certain rights, lent these to the leaning receiver on lifetime. But the leaning receiver had to carry personal services for the leaning gentleman out. Both obligated itself mutual loyalty: The leaning gentleman to protection and screen, the leaning receiver to advice and assistance.
Highest leaning gentleman was the respective highest national gentleman, king or duke, who assigned Lehen at its princes. These could assign again Lehen at other aristocrat, which wanted to be able to be belehnen from them and often in the aristocracy hierarchy under the leaning giver stood.
One understands the most expanded hereditary right to use at a strange thing, which is based on an award on the part of the owner by Lehen (leaning right, lat. Feudum, Feodum, Beneficium), which at the same time causes the relationship of mutual loyalty between this and the entitled one.
Lehen (leaning property) is called also this thing, mostly a property or a complex by properties. The owner concerned is the leaning gentleman (leaning giver, dominus feudi, senior), the entitled one the Vasall (leaning man, vassus, vasallus), both swears one is.
Linguistically the expression hangs "Lehen" with "borrows" together, meant thus as much as borrowed property, while the word "Feudum" is more correctly however probably to be led away to some from lat. fides (loyalty), from the old German feo (cattle are called, then at all "property").
The free property, Allodium forms the contrast to the Lehen.
The Vasallen being entitled authorization it approaches actually to the property so much that one often calls the same usable property (dominium utile) and the right of the actual owner as upper property (dominium directum).
The legal maxims over the leaning nature form the leaning right in the objective sense.
In the Lehen different institutes for right karolingischer time met, since that time independently existed. These institutions were
Only from the connection of these institutions and as itself ever more gentlemen with high social position, developed Lehnswesen.Dabei remained later the hand course in particular kommendierten, together with the oath of loyalty than "homagium "(lat.), "hommage "(franz.), or "crew "(dt.), was designated, to in 12. Century the crucial legal act. Only with the spreading of the document nature the hand course was replaced from the oath of loyalty, which can be fixed much better in writing.
Kommendationen occurred further in all layers. In low layers from it the basic rule developed, in high layers the leaning nature.
The assignment of Lehen replaced often also wages. That was necessary, because the monetary system was too underdeveloped in the early Middle Ages for regular payments.
Since the services of the leaning man covered in particular war services, the leaning nature in the Frankish monarchy became long centuries the basis of the army condition and the social organization of the holy Roman realm. (see person federation state)
The king did not only take up Vasallen, but this procedure was copied soon by lay and religious large ones. Gradually then the principle of the heritability of the Lehen and the validity was formed far in vain in Afterlehen. The latters were likewise explained to 1037 by Konrad II. for hereditary. Thus it came that in 12. Century already all duchies and counties as Lehen were assigned.
Within these individual religious and lay territories however again a vielgliedriges leaning nature existed.
With the sinking of imperial power then the national sovereignty of the realm princes developed from the leaning nature, therefore the schliessliche dissolution of the German Reich has its root partially in the medieval leaning nature.
By the way the leaning nature remained by no means limited to the area of the public right, but drew into Germany also into private law conditions, as the most different articles were constituted "in the Lehen handed" and the most different authorizations as lean-legal.
In England by the revolution of 1649 and then by an express regulation of Karl II. was already eliminated of 1660 the leaning federation, likewise in France by the resolutions of the national assembly of 4. and 5 August 1789.
In Germany with the dissolution of the holy Roman realm 1806 the existing Reichslehen was partly allodifiziert, as their owner sovereigns became princes. With other Reichslehen against it that national gentleman than leaning gentleman replaced emperor and realm, in whose area the leaning property was convenient, as the leaning carriers were mediatisiert. Besides articles 34 (the renouncement article in such a way specified) renounced, the allied princes mutually to all leaning rights in the Rhine federation document, which would like to be entitled to the one concerning the area of the other one. Within the individual territories in the consequence the leaning federation was often explained for removable and so the possibility of the transformation of the Lehens into full property was given, so first to 1836 in Hanover. Beyond that the establishment of new Lehen was legally forbidden, for example in Prussia by the law of 1852, as also the German fundamental rights of 1848 had determined: "All leaning federation is to waive".
A leaning connection a lifelong loyalty relationship, which only death could terminate, was original. It was also inconceivable that one carried out for several Mr. Lehnsdienst. Repeated developed however very rapidly and loosened the allegiance of the leaning man substantially. Also the possibility, a Lehen to leave, reduced the direct access of the leaning gentleman and loosened the personal allegiance of the leaning man. With the time the meaning of the leaning property increased ever more, while the allegiance stepped ever more into the background, and at the end a Lehen was simple a Landgut, for which that had to accomplish inheritance a certain ceremony.
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