Yanaconazgo y derecho romano: ¿una conjunción extravagante?

Abstract

Yanaconazgo is an Inca institution that the Spaniards showed great interest in preserving. Jurists did an effective "juridical regulation" of such institution by means of its own naturalization in the ius commune context. The procedure consisted of the selective search for parallelisms between the Hispanic-Peruvian yanaconazgo, deeply transformed in relation to the previous era, and the Roman settlement of the Late Empire. In this way, on the basis of a seductive similarity in the economic and fiscal motivation in both situations, although completely marginal to the historical abyss which keeps their respective contexts apart, the jurists could give dogmatic soundness to the main features of the yanaconazgo's legal system by means of its links to the Roman laws concerning appointed colonists.  Thus, an effort to be recognized ideologically and scientifically has been made, offering -with respect to a pre-established, factual condition- interesting considerations for a reflection upon the motives and techniques of the Indiano jurists as far as their interpretation and administration of a juridical system attached to the ius commune is concerned.