Aviticity

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Aviticity (Latin aviticitas, ius aviticum, ung. Ősiség) is a historical legal term for the inalienability of aristocratic property in the Kingdom of Hungary .

In 1351, as King of Hungary , Lajos the Great passed a law declaring that all true nobles living in the country and all those living in the country's duchies enjoy the same freedom.

He also repealed the free inheritance law recorded in the Golden Bull of 1222 . With this he hoped to achieve that the aristocratic estates would only pass to the closest family members or relatives of the clan . This reflects the principle that the property did not belong to a single member of the clan, but to the entire clan. But what was much more important than that: that this should prevent the dismemberment of the estates and that the number of nobles who no longer had any land increased. If someone died without an heir, his property would fall to the king ("fiscalitas"). The law mentioned that the noble property could neither be auctioned nor sold. Over time it turns out that this ban prevented the nobles from taking out loans, the properties could not be leased to non-nobles, leaving their owners with no money to invest. This law was therefore repealed in the 19th century (1848).

All fron farmers had to pay one ninth (as a tenth ) to the landlord: every year they were obliged to pay taxes (census) as well as deliveries in kind and cattle. An additional tithe was payable to the church and a state tax was paid to the king.

literature

  • Mária Homoki-Nagy: Notes on the Development of Hungarian Private Law in the 19th Century , in: Buying under Roman Law. Ancient legacy in the European sales law , ed. by Eva Jakab and Wolfgang Ernst, Berlin – Heidelberg: Springer 2008, pp. 105–121. Chapter at SpringerLink PDF, 192 kB.

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