Tulajdonjog, családi vagyonjog és öröklési jog a Sváb tükörben
The proprietary, family law of property and hereditary rights mentioned in the articles of The Swabian Mirror don't give a complete view of the above mentioned rights from that age and domain. We can't even expect so because jurisprudence wasn't at that stage of development by then. H...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Szeged
2010
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica
73 No. 1-64 |
| Kulcsszavak: | Tulajdonjog, Öröklési jog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7439 |
| Tartalmi kivonat: | The proprietary, family law of property and hereditary rights mentioned in the articles of The Swabian Mirror don't give a complete view of the above mentioned rights from that age and domain. We can't even expect so because jurisprudence wasn't at that stage of development by then. However, there are strong tendencies in these articles to create accurate ideas about the trinity of possession, propriator and possessory rights. The Swabian Mirror makes a difference between movable property and real assets consistently applying it in the domain of family law of property. Although the form of clan-big family inheritance appears in certain articles , the formulated rules are referring mainly to small families. It is based on the family property administration community where the consorts keep their own separate property being managed by the husband. The survivors inherit the testator equally. The wife is there with her own part if she is the survivor besides the children in the respective marriage. There is no accurate presentation in the case of real assests.The reason might be that The Swabian Mirror doesn't want to challenge the authority of its main source, The Saxon Mirror , but it tends to revoke the differentiation between men and women during inheritance on the basis of canonial knowledge. The development of this idea still needs detailed and exact analysis. The fact that the authors working with several sources formulate different ideas in the articles is evident in certain parts of The Swabian Mirror. The influence of canon law and the supporting attitude of the Church towards women may be found in the presented branches of law. We also underline that The Mirror contains a lot of rules of customary law. The proprietory —hereditary rights and family law of property aren't substantially presented by special literature. Since The Mirror had a longlasting effect on a large territory, it is worth continuing and widening the research following our footsteps. |
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| Terjedelem/Fizikai jellemzők: | 191-205 |
| ISSN: | 0324-6523 |