Comparative Analysis of Proprietary Rights of Spouses in Josephine Code of 1787 and Roman Law
Comparative Analysis of Proprietary Rights of Spouses in Josephine Code of 1787 and Roman Law
Author(s): Roman SavuliakSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Economic history, History of ideas, 18th Century, Comparative Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: Josephine Code; marital property; dowry; matrimonial property, widow’s maintenance; usufruct; reception of Roman law
Summary/Abstract: The study highlights the provisions of the third chapter “On the rights of spouses” of the first part “On personal law” of the Josephine Code of 1787, which regulated marital relations in the Habsburg monarchy. The author reveals the process of compiling the Josephine Code and presents its structure. The main focus of the study is based on the characteristics of the property relations of spouses according to the Josephine Code and the identification in them а reflection of the reception of provisions of Roman law. Therefore, the author researches the legal regime of various types of property of the spouses, including dowry (so-called marital property) and its security, own property, joint property, widow’s maintenance, as well as the procedure for administrating the wife’s property and the peculiarities of the right of usufruct. In conclusion, the author substantiates the historical and legal significance of the Josephine Code.
Journal: Právněhistorické studie
- Issue Year: 55/2025
- Issue No: 2
- Page Range: 71-88
- Page Count: 18
- Language: English
