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중세 이탈리아 문서전통에 있어서의 법적 공신력과 기록물관에 대한 연구

원문정보

The Study on the 'Fides Publica' and Archival Management in the Tradition of Italian Medieval Documentary

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Nowadays, the tradition of Western archives originates from documental tradition in the ancient-medieval ages and also succeeds to the legacy of the Roman Law in the aspect of the tradition of law. The tradition of law in the italian medieval age handed down the ancient law to descendent, and took an important role to settle down it as a common law of European civil society. In the same context, the tradition of Archival management of Italy was the legacy of the Roman Law, so the medieval ages was a repeated harden period for Archival Management of modern age. Notary system, which had been developed the system to obtain a public trust on the base of notary's action in documentation, is the very result of such developing process in the medieval Italian age.
According to the Justinianus Law, archival management is to keep in the Archive which is sacred place in church with requisite for the perpetual necessity for remember.
The medieval ‘Ius Archivi’ is the power of the emperor, the Pope and the people who were delegated by those people. While ‘Fides Publica’ of document was given by the authority from the emperor in the northen Alps, ‘Notarius’ took the charge of 'Fides Publica' in Italy especially after establish of ‘civitates sibi principes’.
The role of ‘Notarius’ is only on the level of the customer's demands in the universities in the medieval age. But documents which issued plural original authenticated such as degree or those relating certificate used to keep with other documents altogether not to return. Archival management by ‘Notarius’ was not different to between church and lineage. In the case of merchant document, however, the guild consisted of them took an important part of participation into governmental power so they use by themselves the ‘scrivano’ who have a capability in the notary.

목차

I. 서론
 II. 공신력’의 성립과 발전
 III. 공증인과 자치도시 문서들의 공신력
 IV. 대학의 문서들
 VI. 결론
 
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저자정보

  • 김정하 Jung-Ha Kim. 한국외국어대학교

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