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With Affatomie ( lat. "Adfari") "Ankindung" or "adoption as sons instead" refers to salfränkischem right to see. Tit. 46 Lex salica , a multi-stage process of interrelated legal transactions that included adoption and transfer of ownership by inheritance . The disposer (the testator ) could be granted the use of the subject of disposal (the inheritance ) until his death. The exact legal classification of the business (was it 1. a business under family law or a property-law business and, assuming the latter applies, did this 2. work under inheritance or property law?) Is due to the factual openness of the relevant early medieval source to this day controversial.

The term comes from the form "adfatimire", which is also documented in the Lex Salica manuscripts, i.e. H. received with outstretched arms and press to the breast or pick up in the lap . In other words, a physical inheritance was "created" through this man-made ceremonial act.


Individual evidence

  1. ^ Adrian Schmidt-Recla: Mancipatio familiae and Affatomie. Considerations on parallel developments in Roman and Frankish law and on reception conditions in the early Middle Ages. In: Gerhard Dilcher, Eva-Marie Distler (eds.): Leges - Gentes - Regna. On the role of Germanic legal customs and the Latin writing tradition in the formation of the early medieval legal culture. Erich Schmidt Verlag, Berlin 2006, pp. 461–486. There is also more literature there.
  2. ^ Oskar Schade: Old German Dictionary. 2nd Edition. G. Olms, 1969, p. 156.
  3. ^ A. Heusler: Institutions of German private law. Leipzig 1886, p. 622.