The Institution of Jointure: The Case of Jan Klemens and Izabela Branicki’s Marriage Cover Image

O instytucji dożywocia na przykładzie małżeństwa Jana Klemensa i Izabeli Branickich
The Institution of Jointure: The Case of Jan Klemens and Izabela Branicki’s Marriage

Author(s): Karol Łopatecki
Subject(s): History of Law, Constitutional Law, 18th Century, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Jointure; Jan Klemens Branicki; Izabela from Poniatowscy Branicka; will; inheritance;

Summary/Abstract: The article describes the institution of Jointure, which was present in the Polish Crown. This institution provided the possibility to mutual demise to a spouse the usufruct and collection of income from assets (movable and immovable property), without the possibility of taking action violating the rights of owners. People could pass both pledged and unpledged assets and estate. A characteristic feature of this institution was, that the legislation was imprecisely regulated, which had enormous impact on common law and jurisprudence. In the article I analyse in detail the process of applying the law from the moment on November 12, 1748 when Klemens Branicki signed the marriage contract with Stanislaw Ciołek Poniatowski and Konstancja Poniatowska of the Czartoryski. An agreement of Jointure was prepared 10 days later, in which Izabela and Jan Klemens Branicki endowed each other with all of their assets. This agreement was signifi cantly modifi ed by the hetman in his will in 1769. After the death of the Castellan of Cracow a long lawsuit began between his successors and the widow – Izabela. The lawsuit was finally settled in 1800. The most important procedural step was a decision handed down by a special court authorised by the constitution in 1774.

  • Issue Year: 9/2016
  • Issue No: 1
  • Page Range: 39-66
  • Page Count: 28
  • Language: Polish