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EN
In this article author focuses on the problems of vulgar substitution, a legal institute based on institution of a substitute, which should be the heir in the instance, that person, who was instituted in the first place, will not become heir of the testator. The author states after defining legal substance of vulgar substitution and after its distinguishing from substitutio fideicommissaria, with which it is often interchanged, that vulgar substitution has a long tradition in the Slovak law and also at present it is widely used in practice, in spite of it has no support in the Civil Code since 1964. The author is also pointing out, that the absence of legal regulation of vulgar substitution, a legal institute, which follows from general principles of law of succession and also the whole civil law, is the loophole in the law, which, in the interest of legal security, needs to be filled up. Using Roman law science and comparison with Austrian ABGB, German BGB and Swiss ZGB, she is ruminating about optimal extent and content of legal regulation of vulgar substitution in the Civil Code.
EN
The article discusses the testament of the curate of the Catholic parish in Knyszyn in the Podlasie region, made in 1594 as an oral statement before appropriate municipal officials and later recorded in the town book. The description of the Latin source is supplemented with its translation to Polish. It is worth noting that the first item listed by the testator was his private collection of almost twenty books, comprising foreign prints from the late 15th c. and the first half of the 16th c., as well as newer Polish publications. Considering what is known from the literature on the status of clergy in other parts of the Polish-Lithuanian Commonwealth, his other movables and debts indicate that his financial standing was typical of lower clergy. The analysis of the relevant regulations of the Magdeburg Code and Canon Law confirms that his testament was valid. The origin of the testator could not be established. He might have been connected with the court of Chancellor Jan Zamoyski, in which an important position was held by Mikołaj Kislicki of Lviv, the parish priest in Knyszyn, and later the dean of the chapter of the collegiate church in Zamość. A book collection like the one described in the article could rather be expected to belong to a higher-status clergyman. The testament is an interesting evidence of prints being available in a little provincial town of the Commonwealth at the end of the 16th c. Appended to the article is an edition of the document analysed.
Studia Historica Nitriensia
|
2013
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vol. 17
|
issue 1
82 – 98
EN
The study deals with the testaments of church representatives in modern era, particularly in the region of Spiš in the 18th century. The development of testamentary law is described. It is analysed the division of canons´ property into the hereditary and non-hereditary property belonging to the beneficium. The basic development of property inheritance rules and partition of the property among the heir beneficiaries are described. The paper introduces the testament of canon Andrej Čepešéni (1738) and describes its content and formal design. The aim is to use the particular example in order to introduce the modern era testaments.
EN
The article deals with the neglected Czech Queen Anna Premyslid (1290–1313), the rdest daughter of King Wenceslaus II. Anna, who was married to Henry of Carinthia in 1306, became one of the Premyslid “heiresses” after the Olomouc murder and based on this title she “arranged” the Bohemian royal crown for her husband twice. She is mentioned in the local sources (specifically in the Zbraslav Chronicle) in relation with her younger sister Elizabeth who replaced her in the role of the Bohemian Queen. The strictly negative evaluation of Queen Anna introduced in the Czech historiography by Petr Žitavsky contradicts the picture of Anna in chronicles and other written materials originating from the Alpine countries. The article also deals with Anna’s těles in local and foreign sources, the question of her offspring or with diplomatic materials related to the Premyslid Queen. Attention is also paid to the period of 1311–1313 when Anna lived in Tyrol and Carinthia. The most valuable source is Anna’s testament written before her death in Ljubljana in September 1313.
EN
This article offers an analysis of testament forms written in Slovak language by the citizens of Trnava city in the first half of the 19th century. From a stylistic and research point of view the testaments are mainly of private nature, which is characterized by some specific particularities at various language levels. The research based on 100 testaments reveals the stylistic features of testament forms on the background of particularities of the Slovak language used in the western part of Slovakia, in Trnava, from the end of the 18th to the first half of the 19th century. The aim of this article is to classify this document from a legal and stylistic point of view and analyse the specifics of testament forms that are characterized by stability developed over the centuries.
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