| 词条 | Daughters' quarter |
| 释义 |
The daughters' quarter, also known as filial quarter ({{lang-hu|leánynegyed}}; {{lang-la|quarta filialis}}), was the legal doctrine that regulated the right of a Hungarian nobleman's daughter to inherit her father's property. OriginsOne of the laws of the first king of Hungary, Stephen I, authorized each landowner to freely "divide his property, to assign it to his wife, his sons and daughters, his relatives or to the church" in the early 11th century.{{sfn|Engel|2001|pp=76–77, 389}} On the other hand, the aristocratic clans wanted to prevent the members of other clans from acquiring their estates through marriage with their kinswomen.{{sfn|Rady|2000|p=103}} Consequently, restrictions on a daughter's right to inherit her father's developed during the following centuries.{{sfn|Rady|2000|p=103}} Historian Martyn Rady argues that "a peculiar reading" of the Lex Falcidia in the Codex Theodosianus gave most probably rise to the formation of the new legal doctrine.{{sfn|Rady|2000|p=103}} Rady also proposes that churchmen must have played a preeminent role in its development, because they could recall "fathers to their duties" and specify their obligations towards their children, although the jurisdiction of ecclesiastical courts in cases involving real estates was limited.{{sfn|Rady|2000|p=104}} DevelopmentThe Golden Bull of 1222 contained the first reference to the daughters' quarter.{{sfn|Rady|2000|p=104}} The Golden Bull stated that a royal servant who died without a male heir, but had at least one daughter could only freely will three quarters of his possessions, because one quarter was due to her.{{sfn|Engel|2001|p=177}} The daughters' quarter did not depend of the number of daughters, because a nobleman's all daughters were jointly entitled to a quarter of their father's property.{{sfn|Rady|2000|p=103}} The daughters' quarter was primarily to be paid in cash or moveable goods.{{sfn|Rady|2000|p=104}}{{sfn|Sághy|2006|p=235}} In 1290, a law explicitly prohibited that a nobleman's estates could be seized by an other nobleman who was not the member of his clan through marrying a daughter entitled to the daughters' quarter.{{sfn|Fügedi|1998|p=46}} The amount payable to the daughters was determined in accordance with a set of rules known as "commun estimation", which always gave a value lower than the market price.{{sfn|Rady|2000|p=104}} If a nobleman's male heirs could not pay off his daughter in moveables, they were entitled to compensate her in land, stipulating the right to redeem it at a pre-arrenged price.{{sfn|Rady|2000|p=104}} See also
ReferencesSources{{Refbegin}}
3 : Hungarian nobility|Inheritance|Legal history of Hungary |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。