
doi: 10.36576/summa.30394
This study highlights one of the cases of reception of Roman law institutions in Spanish law during the modern age, not only at the normative level, but in its implementation by the various organs responsible for the Administration of Justice: «ceasing profit» as a legal category that appears in Roman jurisprudence and its applicability in Spain in the mid-sixteenth century. The contents of "ceasing profit" was discussed because of the dispute in Salamanca between a confectioner, agent, and a Salamanca neighbour who offered the merces for granting in the matrimonial lawsuit that dissolves a betrothal contracted with a minor, and in implementation of which the services tenant had to move to nearly one hundred miles from their place of residence, in addition to leaving the profession that he developed. Since the scope of «ceasing profit» was a quaestio facti, the lawsuit served to that through the evidences, primarily witness statements and documentary, enable judges in both instances the issuance of the verdict, the judges of Salamanca and Valladolid recognized the right of tenant Medina to the payment of a sum, which was meant daily wage equivalent to that official confectionery has not earned, since the business began until the court ruled of first instance.
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