Osztatlanság és osztály az Árpádkorban

Béli Gábor: Osztatlanság és osztály az Árpádkorban. In: Acta Universitatis Szegediensis : acta juridica et politica, (73) 1-64. pp. 131-144. (2010)

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Written documents preserving the division of property and goods between relatives remained for us from the l3thcentury onwards in a significant number. The division of property and goods among brothers can be defined as the basic type of division, but also the division summing up the indivisibility among further relatives rested upon the same principles as the division mentioned before. One characteristic of the division of brothers was that by this division of property and goods two or three of the brothers could also keep a part of their property indivisible. In such cases the divisio had been done so that one or two of the brothers separated a part of the property according to their proportion of heritage in the family property, and the others, opposite to this, remained in their proportions in an indivisible status. The probably reasons for this were that among the brothers keeping their property indivisible there were also children of immature or sonamed illegitima age. Maintaining property unshared together with children remained orphans after the death of their father could be considered as the basic form of guardianship, .defined as quasi tutela. Practically this meant that the relatives who ran a farm on the joint estate, because of managing this fortune also in the favour of the immatureaged-child living in their household, and representing him versus any third persons, acted as the child's tutors. By this fact all those mature relatives who were farming on the collective property were considered as guardians. If a relative of a mature-age did not keep property unportioned together with the immature-aged members of the family, and decided to make a division, his rights of tutelage terminated by this legal act, such as all his other rights concerning the indivisibility he was entitled before. The quasi tutela extinguished by the division, so all duties of the frater condivisionalis regarding the orphaned immature-aged-child were summed up. During the so-named age of the Árpáds that frater condivisionalis who represented his relative of illegitima age orphaned because of the death of his father and remained alone in the property, or had only younger brothers of immature age could be considered as a voluntary guardian. This kind of tutela voluntaria was only casual.

Item Type: Article
Journal or Publication Title: Acta Universitatis Szegediensis : acta juridica et politica
Date: 2010
Volume: 73
Number: 1-64
ISSN: 0324-6523
Page Range: pp. 131-144
Language: Hungarian, English
Publisher: Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Place of Publication: Szeged
Related URLs: http://acta.bibl.u-szeged.hu/37950/
Uncontrolled Keywords: Magyarország története - középkor, Árpád-kor, Jogtörténet - magyar
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2016. Oct. 15. 11:11
Last Modified: 2023. Nov. 13. 15:07
URI: http://acta.bibl.u-szeged.hu/id/eprint/7435

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