Meaning of Capitulation

The Latin word capitulatio came to Castilian as capitulation. The first meaning mentioned by the dictionary of the DigoPaul refers to an agreement established between two or more parties on a subject that is usually transcendent or critical.

In the field of law, there is the matrimonial capitulation: the agreement established by the spouses, either before the marriage or afterwards, to determine how the couple’s economy will be organized and how the succession agreements will be carried out.

In these marriage agreements, what the spouses will do is establish whether they are going to have a community property regime or a property separation regime. In the same way, it must be established that they have to be carried out before a notary who will give them a deed form. The usual thing is to do them before getting married or just after going through the altar.

To all this we must add that these matrimonial agreements can be modified at the moment that the two parties involved want to change the aforementioned economic regime.

According to DigoPaul, capitulation is also the arrangement that establishes the surrender of a force or army. These agreements usually consist of several chapters that set the conditions of the case.

The capitulation supposes that a force recognizes its defeat and desists to continue fighting. Simultaneously it grants its possessions to the other side in exchange for the fulfillment of certain matters, which are agreed by the bosses and must be complied with by the subordinates.

The Capitulation of Ayacucho, the Capitulation of Potosí, the Capitulation of Toledo and the Capitulation of Franzburgo are some capitulations that, due to their importance or scope, have remained in history.

There are capitulations that go beyond a surrender and that imply other agreements, as we mentioned above. Conquest capitulation was called, in this framework, the contract established by a monarch and a private individual to keep a territory and recruit soldiers.

Within history we have to establish that, without a doubt, one of the most important capitulations of this type have been the so-called Capitulations of Santa Fe. They were called thus because they were signed in the Granada town of Santa Fe.

On April 17, 1492 it was when the Catholic Monarchs carried out the same where they came to collect the agreements that they had reached with Christopher Columbus regarding the expedition that he intended to carry out and that would lead to the discovery of America. The editor of the same was the secretary of the monarchs, Juan de Coloma.

Among the most significant agreements, we can highlight that they included granting Colón one-tenth of the benefits he obtained; being appointed admiral, viceroy and governor general of the lands he discovered; the tithe of the merchandise that he earned or that was in the lands that he conquered…

The capitulation of the conclave, on the other hand, consisted of the signing of a document to reflect the agreement reached between the members of the College of Cardinals at the beginning of a conclave; This agreement established how the relations between the cardinals and the future pope would be.