Legal Techniques For The Expansion And Preservation Of Noble Family Fortunes In The Pre-1848 Era

Legal Techniques For The Expansion And Preservation Of Noble Family Fortunes In The Pre1848 Era Presented by: Dr. Peres Date: 7 June 2024 The Hungarian Nobility - Legal History - Interpretation of the concept of nobility • Nobility Common Nobility + Aristocracy (Barons) • 1351 - una et eademque libertas" - unified group according to rights and duties  Exempt from taxation  In the service of the king with their blood - defense of the country  Right to personal liberty - arrested if caught in the act of murder, theft, robbery, arson or rape  Right to resistance - Understanding the area of property and inheritance law • A distinction must be made  According to their rank as common or high nobles  According to their property and wealth  In relation to the time we speak of them - before or after the Mohács period (1526) - Perhaps equal in their rights, but different in their possibilities Property and Inheritance Institutions before Mohács - The most important task was to keep the family property within the family - Differentiation according the different types of property subject to different inheritance rules • Family property, which was bound by the institution of entailment (aviticitas) and intestate succession from the mid-14th century onwards • Property acquired by royal donation -inheritance bound by the donation deed • Property acquired outside the donation (gift, legacy, mortgage, purchase etc.) property subject to free disposal and testamentary succession - Entailment (aviticitas) • Was introduced to limit testamentary succession allowed by the law in 1222 (Golden Bull of Andrew II) • Promoted equality within the male members of the family male heirs got equal portions of the property • The female family members could claim a quarter (quarta puellaris) • Restriction on alienation and encumbrance Property and Inheritance Institutions after Mohács - A new aristocracy emerged the most important task was to keep the acquired property within the family - The distinction between the different types of property, which were subject to different inheritance rules, generally remained in place - Family property subject to entailment (aviticitas) was reduced by the many divisions over time - With the rise of the new nobility in the post-mohács era, the importance of acquired property increased - Most of the aristocrats' wealth came from royal donation the inheritance was bound to the deed of donation and was confiscated in the event of disloyalty - The amount of property acquired outside the donation increased the role of testamentary succession grew - Fideicommissum (maioratus et fideicommissum) • Was introduced to prevent the division of acquired property Act 9 of 1687 • Promoted inequality among the male members of the family (maior natus) right of the firstborn, eldest or the earlier born • Female members could claim maintenance costs same way as male members not in possession of the fideicommissum if the founder allowed maintenance to be paid • Prohibition on alienation and encumbrance Tendencies On The Field Of Inheritance - The role of the fideicommissum grew over time among the nobility, especially after 1848 - The fideicommissum was only abolished in 1948 - It contributed to the concentration of noble family property in one hand and secured the political role through wealth - The role of inheritance (aviticitas) diminished it was abolished in 1848 - The reasons for its abolition were: • To establish equality by the law • Prevented capitalism and the free movement of landed property • It was at odds with industrialization • The outdated institution had to be abolished in order to introduce freedom of ownership • It was also an obstacle to the abolition of serfdom