Inheritance

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In medieval Germanic law , the consent of the next heirs to legal transactions about hereditary property is called an inheritance leave. If there was no inheritance permission, those entitled to consent could demand the matter that had been disposed of from any third party. This was based on the medieval concept of rights of proximity, which weighted family interests more strongly than the interests of an individual.

In the Sachsenspiegel at the latest , the inheritance permit was pushed back in favor of individualism , it was therefore no longer required for disposals of Fahrnis or the property acquired by the disposer himself, so that only dispositions of genetic material required the inheritance permit. The inheritance leave was also not necessary in the event of real need.

literature

  • Thomas Olechowski: Legal history - introduction to the historical foundations of law. 3rd, revised edition, Facultas.wuv, Vienna 2010, ISBN 978-3-7089-0631-7 .