Maiden law

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Erbjungfernrecht even Erbtochterrecht was in Mecklenburg existing law of the daughter of a deceased without male offspring nobles (the Erbjungfer ), the surviving from this fiefdom to enjoy as beneficiary, even if it's a Familienfideikommiss was. This form of female succession was initially only valid in the Mecklenburg rule of Stargard , but was then extended to the entire Mecklenburg duchy. However, it has never been undisputed.

This right was of particular importance when it came to the question of whether Countess Amalasuntha von Bothmer, who married Kuno zu Rantzau-Breitenburg in 1831 , was allowed to make use of the maiden's right alongside her two unmarried sisters, or whether this right would expire with her marriage. It was about the Fideikommiss associated with Bothmer Castle in Klütz and thus one of the largest properties in the country. Kuno zu Rantzau therefore had two legal opinions obtained , which were prepared by the law professors Ferdinand Kämmerer from the University of Rostock and Heinrich Matthias Zöpfl from the University of Heidelberg and which confirmed Amalasuntha's right of usufruct . The couple then moved to Bothmer Castle and lived there until Amalasuntha's death in 1856. Subsequently, the Fideikommiss fell to Felix Gottlob Graf von Bothmer (1804–1876) according to a comparison.

See also

literature

  • Pierer's Universal Lexicon: Maiden's Law . In: Heinrich August Pierer , Julius Löbe (Hrsg.): Universal Lexicon of the Present and the Past . 4th edition. tape 5 . Altenburg 1858, p. 814 ( zeno.org ).
  • Gerhard von Buchka : State private law of the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg-Strelitz (= The civil law of the German Empire and Prussia. Erg.-Bd. 5). Orphanage bookstore, Halle 1905, p. 184 ff.
  • Goswin von Dewitz called by Krebs: The maiden maiden right. (13th to 20th century). Slowing down the exploitation of nature (= contributions to the feudal right of Mecklenburg. ) Self-published, Göttingen 1994, ISBN 3-9800597-9-0 .
  • Carl Friedrich Evers : The Mecklenburg hereditary virgin law, especially regarding the question: whether the patronage belonging to the paternal feudal property belongs to the hereditary virgins or the next agnates? In: Patriotic archive of the duchies of Mecklenburg for the storage of the history and memorabilia of the same and for the dissemination of non-profit knowledge. Vol. 1, No. 1/2, 1801, ZDB -ID 527415-1 , pp. 3-38, (also special print. Stiller, Rostock et al. 1801).
  • Ferdinand Kämmerer , Heinrich Zöpfl : Two legal opinions concerning the maiden law in the Count of Bothmer's Fideicommisse. Osswald, Heidelberg 1837.

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