La conception du droit de propiété en Vasconie Continentale sous l'Ancien Régime

Abstract

The Basques, who have been installed in their lands since remote history, have conserved the natural regime of undivided property of the lands adapting it to their form of living, which was based on shepherding. Basque lands inherited from ancestors was maintained united up to the end of the Ancient Regime, resisting the numerous attacks it was subjected to by local lords, especially in Navarre, and by the French Monarchy. These undivided lands belonged to the whole of the inhabitants of the parishes in Labourd, of the villages or valleys of Lower Navarre, and to the whole of the country in Zuberoa. They were managed in a very democratic manner, by a capitulary assembly formed by the parish lords in Lapurdi, by the general Court of the country or the valley in Lower Navarre, and by the Silviet in Zuberoa, right up to their suppression in 1730. The lands of houses that had belongings and installations were the property of the whole of the family; all members thereof were entitled to live or stay there up to their deaths. Their management was attributed to one couple per generation, formed by the eldest child (independentiy of gender) and his or her partner, and both couples had the same rights as eo-owners. They were made responsible for all the mernbers of the family, and for the whole of the property, which they had to transfer to the next generation in its integrity. This concept of the right of property created strong solidarity links between individuáis, who would constantly place community interests above their own. This phenomenon would explain the exceptional success of cooperative companies in the Basque Country.