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  1. 2 Hospodářské dějiny (Economic History)

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  1. 2 Lipovski R.

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  1. 2 2011

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Pozůstalostní agenda v osvícenském zákonodárství 1740-1790

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Lipovski R.
Hospodářské dějiny (Economic History)
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2011
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vol. 26
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issue 1
3-36
EN
In the Habsburg monarchy, the practice of compiling probate acts became prevalent during the period of enlightened absolutism. Previously, the individual components of the probate documentation – such as inventories or wills – had usually existed separately, or had been contained in land registers or municipal records. This paper deals with the changes in probate proceedings that took place as a result of legislative changes introduced during the period between 1740 and 1790 – examining the specific laws which influenced the form and content of the source material. The probate acts included not only inventories and wills, but also a range of other documents produced as part of the probate proceedings. Taken as a whole, probate acts represent an excellent source of data for research into economic and social history, cultural history, the history of everyday life, the family, the life cycle and the social aspects of demographic development. Historiographers in the Czech Republic and abroad have achieved quite strong results by using probate acts as a source of information on cultural history, especially concerning possessions used in everyday life. This research has focused primarily on inventories of property from the early modern period, though some work has also been based on 19th-century sources. Some economic historians have drawn extensively on inventories as a source of information on pauperization as it affected the population, while social historians have used wills to shed light on questions related to the systems, practice and consequences of inheritance. To date, little attention has been paid to probate acts compiled from the 1780s onwards in the Habsburg monarchy. Where such acts have been examined, they have been used in a similar manner to that described above – i.e. mainly for research into the cultural aspects of everyday life. However, these acts consisted of more than just wills and inventories. They also incorporated documents containing personal details of the deceased and his/her family (or heirs), as well as records of probate proceedings including detailed listings of assets and liabilities and detailed descriptions of the allocation of property to heirs. This is the view of probate acts taken by the present study, which presents the results of detailed research into enlightened legislature affecting all component parts of the probate acts with regard to various groupings within the estates society. The author takes into account all legislation which affected probate proceedings in any way. Naturally, the study focuses to a large extent on legislation governing inheritance proceedings; nevertheless, the author deals with probate proceedings in the wider sense, not restricting his focus solely to questions of inheritance.
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Vybrané právní aspekty pozůstalostní agendy v "době postosvícenské" (1789/1790-1848)

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Lipovski R.
Hospodářské dějiny (Economic History)
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2011
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vol. 26
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issue 2
123-152
EN
In the Habsburg monarchy, probate documentation began to be compiled in the era of enlightened absolutism; it accompanied the building of a modern state, which was to be characterized by a unified legal framework guaranteed by the state. This ‘Enlightenment dream’ was made a reality not only by passing and enforcing ever more laws, but also by attempts to train lawyers in the new legal environment – and through them, to educate citizens. In a previous article I focused on legislation dating from 1740-1790; the present study builds on the previous findings by examining the various sets of instructions and reference manuals which were intended to inform people of the process by which probate proceedings took place. This process involved a wide range of interested parties – judges, legal representatives, and ordinary people with an interest in the inheritance. Ordinary people needed the clearest possible description of the probate proceedings, and this need gave rise to various legal manuals and sets of instructions. The study focuses on the probate proceedings as described in manuals by Anton von Foedransperg and Joseph Voglhueber (1789), general instructions issued in 1785, instructions for Galicia (1796), Tyrol and Vorarlberg (1824), and Bukovina (1848). In addition to these ‘educational’ materials, I also mention the 1810 legislation governing inheritance taxes and the general civil code of 1811; these legislative instruments had a major impact on probate proceedings and thus influenced later instructions. For researchers today, such manuals and instructions are of great value because they summarize the process in a way that is comprehensible to ordinary people – and thus also to modern historians – and reveal interesting insights into the period in question.
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