Straight (inheritance)
The straight line (later also the straight line based on the device ) is part of household effects in medieval German law . The corresponding expression in the younger legal language is marriage property (dowry).
From the end of the 5th century mahalareda appear in the Lex Burgundionum (51.4) and rhedo in the Lex Thuringorum from 802 and mean there dowry of the bride.
In the High Medieval Sachsenspiegel (Ssp LR I 24 § 3) the straight line is a special asset that accrues to the wife as an advance on the death of the husband . When the woman dies, the line falls to the next female relative. The content of the straight line is circumscribed in straight line catalogs, which were gradually expanded. The exact objects that belonged to the straight line were named in the manors and cities by statutes that differed from region to region. This procedure ensured that objects for female needs, such as women's clothing, linen, jewelry and small livestock were passed on to the daughters. In modern times, the straight line merges with total wealth.
The widow's straight consists of items from the man's estate, such as supplies, household items, and food that the woman was allowed to use from the marriage.
The Niftelstraight is a portion of the inheritance from the estate of a woman reserved for the daughters or the so-called spindle stomach, the next female heir. Most of the time, the Niftelstraight, which was not comparable in value to army equipment, was bypassed through sales during one's lifetime.
This right, based on the Saxon mirror, was practiced in some countries until the 19th century .
In medieval German law, Heergewäte or Hergewäte describes the equipment as a warrior, which is passed on to the next male relative as a special line of succession.
literature
- Werner Ogris , Heiko Steuer : women straight. In: Reallexikon der Germanischen Altertumskunde (RGA). 2nd Edition. Volume 9, Walter de Gruyter, Berlin / New York 1995, ISBN 3-11-014642-8 , pp. 514-517.
- E. Frommhold: The right of the straight line . Leipzig 1934 (doctoral thesis jur.).
- Wilfried Bungenstock: Right now . In: Concise dictionary of German legal history (HRG). Volume 1. 1971, p. 1527 ff.
- Wilfried Bungenstock: Army Equipment and Straight. On the history of peasant inheritance law in northwest Germany . Göttingen 1966 (doctoral thesis jur.).
- Karin Gottschalk: Dispute over women's property . In: Journal of the Savigny Foundation for Legal History (ZRG), 114, 1997, p. 182.
- Karin Gottschalk: Property, Gender, Justice. Households and heirs in early modern Leipzig (= history and genders 41st). Frankfurt am Main / New York 2003.
- Karin Gottschalk: Right now . In: Albrecht Cordes u. a. (Ed.): Concise dictionary on German legal history. 9th volume. 2. Second completely revised and expanded edition. Berlin 2009, col. 113-117.
Web links
Individual evidence
- ↑ Straight. In: Jacob Grimm , Wilhelm Grimm (Hrsg.): German dictionary . tape 5 : Gefoppe – Drifts - (IV, 1st section, part 2). S. Hirzel, Leipzig 1897 ( woerterbuchnetz.de ).
- ↑ Wilfried Bungenstock: Straight . In: HRG , Volume I, 1971, 1527 ff.
