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1

LEGAL POSITION OF WIDOWS IN MEDIEVAL HUNGARY UP TO 1222 AND THE QUESTION OF DOWER

100%
Hudáček P.
Historický časopis (Historical Journal)
|
2014
|
vol. 62
|
issue suppl. issue
3 – 39
EN
In this study, the author is concerned with the position of widows in medieval society. He considers the development of basic ideas about their position on the basis of the decrees of Frankish synods and Early Medieval laws. The main part of the work is devoted to widows in the medieval Kingdom of Hungary during the earliest period from the 11th century to the issuing of the Golden Bull in 1222. The subject of this is the position of widows according to the individual points of the Hungarian law codes of St. Stephen, St. Ladislav and Koloman. The main question is the claim of widows to property and the gradual changes in this area up to the beginning of the 13th century. The main emphasis is placed on the search for the beginnings of the dower as property, which the woman kept after the death of her husband. The study includes a detailed analysis of the wills of important women, widows, but also widowers. Evidence of the property rights of widows and the first indications of the existence of the dower are sought in these documents.
2

VZNIK A MIESTO VECNÉHO PRÁVA V SÚKROMNOPRÁVNOM PORIADKU (I. ČASŤ)

67%
Lazar J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 5
435 – 454
EN
In the first part of article, the author briefly explains the circumstances of origin of the law of property in the continental system of law on the background of the evolution of Roman private law. He refers to the role of glossators and commentators (so-called post-glossators) who during the historical development (13th to 15th centuries) tried to adapt Roman law to the new social and economic conditions by explaining the sources of Roman law. In these historical context a distinction between the law of obligation and the law of property started to be drawn, which clearly manifested itself during the reception of Roman law in continental European states. The category of the law of property, created by the legal science on the historical basis of Roman law during the long period of its reception, thus naturally found its legislative expression in private law of most states belonging to the continental system of law. The following part contains a comparison between the basic aspects of law of property provisions in a representative group of large civil codes adopted in the 19th and 20th centuries, particularly in French Code Civil, Austrian ABGB, German BGB, Swiss ZGB, Italian C.c.i. and Dutch BW. The comparison permitted to highlight, beside of several differences, general characteristics and principles, which are common to all these codes. The following principles of the law of property were highlighted: definiteness and absoluteness, prior tempore potior iure, numerus clausus and publicity of the law of property. These principles reflect the indispensability, cooperating function and stabilising character of the subsystem of the law of property in the private law codes in a market economy.
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