Naslov
LITERATURE AS MIRROR OF MEDIEVAL AND RENAISSANCE DUBROVNIK: LEGAL REFLECTS OF ROMAN DOWRY REGULATION

Autori
Lachner, Višnja

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
23rd Annual Forum of Young Legal Historians: History of Law and Other Humanities: Views of the Legal Culture across the Time

Mjesto i datum
Napulj, Italija, 30.05.2017. - 01.06.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
dowry, roman law, Statute of Dubrovnik, medieval and Reeneissance time, literature.

Sažetak
The paper deals with the social and legal importance of dowry in medieval and Renaissance Dubrovnik under the provisions of the Statute of Dubrovnik in 1272, and the issue of dowry serves as the mean to look at the literary works of Marin Držić, the biggest name of the Croatian Renaissance literature and one of the greatest comedians of the world literature of his time. The institute of dowry in the medieval city law was taken over from the Roman and Byzantine law and was amended in accordance with the new social circumstances. Accordingly, the statute of Dubrovnik was also amended by the triple tradition - 'urban culture of Mediterranean cities, the principle of wise administration formulated in political thought and practice of the 13th century and, above all, a strong European legal heritage, which has grown in the Middle Ages on the foundation of the Roman and canon law. According to the Church and statutory law dowry was an obligatory precondition for marriage. Dowry included a certain sum of money, jewelry, clothing and household equipment, and sometimes even real estate. It was known what sort of dowry is common in each social class and this tradition had to be respected. Legally speaking, the dowry was a wife's property, and was transferred to the husband before or at the time of marriage and remained under his control during his wife’s life. Following the example of Justinian law, the Dubrovnik statute protected dowry goods by setting up a mortgage on the husband's property, with the priority in collection before all other creditors. Dowry is one of the more common themes that Držić uses to illustrate human greed. A dowry is marginally used in comedies Dundo Maroje and Tripče de Utolče, Skup is all dedicated to dowry, and in Arkulin the plot is formed around bride service. This is actually the worst possible form of trafficking even though the disposition of a daughter was legally regulated, whereby fathers often assembled nuptial agreements in the name of the daughter while they were still in étate pupilari, i.e. immature girls, thus the marriage contract usually noted when the girl was to be taken to the groom's house, and when the act consumatie matrimoniale was carried out. On the basis of legal regulations governing marriage and property relations the first part of the paper deals with legal provisions referring to the dowry of Dubrovnik in the 16th century, but it also deals with the development of this institute in the Roman law. The second part analyzes the institution of dowry in the comedies of Marin Držić. Also, this paper deals with the role of dowry in the economic development of Dubrovnik in the 16th century and it analyzes the causes for the amount of dowry depending on the social class of women and the social status of the family included in the marriage.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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