Historic Law of Castilian versus Constitution

Abstract

The peculiar status of the land defined as «the States of the Duke of Medinaceli» represents a paradigmatic example of the controversial validity of an archaic and feudal Law in a well-defined territory in Castilla-La Mancha. It is recorded in the Deed of Concord of May 5, 1552, initialled by sanction in the Royal Decree of June 11, 1553. Subsequently, Law 5/1980, of February 22, concerning the measures to solve the problem of the historical rights in the community of Malagón and to promote its integral development, collects its content. The study deals with the nature of this regime, more transaction than jurisdiction, the subjective and objective identification that the rights that it contemplates, with its possible category of personal servitude. Finally, it argues a posible ensuing unconstitutionality of the system.