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Legal Definitions - droit de garde

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Definition of droit de garde

DROIT DE GARDE

The term "droit de garde" comes from French and means "right of ward." In the historical context of French law, it refers to the king's right to take care of a noble vassal who has not yet reached the age of majority.

For example, if a noble vassal died and left behind a minor child who was also a vassal, the king would have the right to take care of the child and manage their property until they reached adulthood. This was done to ensure that the child's inheritance was protected and that they were raised in a manner befitting their noble status.

Another example would be if a noble vassal was convicted of a crime and sentenced to prison. In this case, the king would have the right to take care of the vassal's property and manage their affairs until they were released from prison.

The examples illustrate how the "droit de garde" was used in French law to protect the interests of noble vassals who were not yet able to manage their own affairs. The king acted as a guardian or caretaker, ensuring that the vassal's property was not mismanaged or lost, and that their status as a noble was maintained. This was an important aspect of feudal society, where the king had a duty to protect and care for his vassals.

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Simple Definition

Term: DROIT DE GARDE

Definition: In old French law, the term "droit de garde" referred to the right of a king to take care of a noble vassal who was not yet an adult. This meant that the king had the responsibility to protect and manage the vassal's property until they were old enough to do it themselves.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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