A fiúsítás gyakorlata a Hármaskönyvig

Biró Zsófia: A fiúsítás gyakorlata a Hármaskönyvig. In: Acta Universitatis Szegediensis : forum : publicationes doctorandorum juridicorum, (7). pp. 59-85. (2017)

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Abstract

Praefectio is a truly complex legal institution. Initially, it was considered as an extraordinary and exceptional act of the king, which was totally contradictory to the customary law and the jus regium. As a result of its practice, the monarch got to beholden nobles, the noble father achieved the survival of his bloodline by this legal institution, and also the bona hereditaria remained in his family’s possession. The husband of the praefecta was usually one of the king’s favoured obligee, and their children have been able to inherit the bona hereditaria from paternal as well as maternal side. However, it turned out from the decrees, that the sovereign not just allowed a change in the order of succession, that was contradictory with the customary law, but he considered these estates since they at first escheated to his Holy Crown, and only after that the king gave them to the praefecta, as nova donatio. Moreover, after Sigismund of Luxembourg, the praefectio’s contradictory character vanished from the content of the decrees, so the act was accommodated into the customary law. But previously, because of this contradictory character, the praefectio was often reinforced by the actual sovereign and by his or her descendants. During the examination of this legal institution, it was revealed, that also the exchange of these estates was allowed by the king himself, or that it was an expensive procedure, insomuch a noble father had to hypothecate his daughter’s future estates in order to be able to pay the charges of preafectio. Furthermore, theoretically, the praefectio could come into effect only by the king’s approval or consent, otherwise he would have lost the bona hereditaria, however, Hungary’s mighty regent, János Hunyadi also applied the institution.

Item Type: Article
Other title: The practice of praefectio until the Tripartitum
Journal or Publication Title: Acta Universitatis Szegediensis : forum : publicationes doctorandorum juridicorum
Date: 2017
Volume: 7
ISSN: 2063-5540
Page Range: pp. 59-85
Related URLs: http://acta.bibl.u-szeged.hu/61906/
Uncontrolled Keywords: Nők helyzete - Magyarország - 13-14. sz., Hármaskönyv, Fiúsítás, Öröklési jog - magyar - 14. sz.
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2019. Jul. 23. 13:28
Last Modified: 2023. Nov. 06. 15:39
URI: http://acta.bibl.u-szeged.hu/id/eprint/61911

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