THE LEGAL REGULATION OF INHERITANCE OF THE KORČULA STATUTE Cover Image

KORČULANSKI STATUT I NJEGOVA NASLJEDNOPRAVNA REGULACIJA
THE LEGAL REGULATION OF INHERITANCE OF THE KORČULA STATUTE

Author(s): Višnja Lachner, Jelena Kasap
Subject(s): Gender Studies, History of Law, Civil Law, Middle Ages, Family and social welfare
Published by: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Keywords: legal regulation of inheritance; Korčula Statute; statutes of Dalmatian cities; women’s inheritance position; dowry;

Summary/Abstract: The legal regulation of inheritance of the Korčula Statute is based on the elements of old Croatian and Slavic law and differs from the regulations in the statutes of other Dalmatian cities that are often the result of the influence of the Byzantine and later the Croatian-Hungarian Tripartite law. The basic characteristic of such a regulation, which Margetić refers to as a succession descendant law, is the possibility that both male and female descendants inherit the estate of the deceased, but the male descendants have the advantage over women of the same degree of kinship, whereas according to Croatian-Hungarian law, women could not inherit their father’s real estate. Further on, the paper points out the differences regarding the legal foundations of the inheritance stipulated by the Korčula statute and other important statutes of the Dalmatian cities, and it pays particular attention to the married women’s inheritance position in terms of the disposition of their personal goods, i.e. dowry.

  • Issue Year: 35/2019
  • Issue No: 2
  • Page Range: 11-27
  • Page Count: 17
  • Language: Croatian