Naslov
Entitlement of female descendants to property of Croatian communal household

Autori
Krešić, Mirela

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, ostalo

Skup
Third Annual Conference of the Irish Society of Comparative Law

Mjesto i datum
Dublin, Irska, 29.04.2011. - 30.04.2011

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
Croatian communal household; property; female descendants; Austrian General Civil Code

Sažetak
In the second half of the nineteenth century, a large portion of the population of the Kingdom of Croatia and Slavonia lived in communal households. The household constituted of members, relatives and non-relatives, forming a residential and productive community based on solidarity and unity. The communal household property was subject to joint ownership by the members of the household, and as such, not subject to discretionary disposal, particularly to inheritance. Specific limitations regarding property existed related to the female members of the household. According to the communal household common law, upon marriage, female descendants would pass from their (birth) household into the household of their spouse, whereby their entitlement to any rights pertaining to the birth cooperative would cease, except the entitlement to dowry. This common law regulation of the household was not compliant with the civil legislation in force in the Croatian-Slavonian area after the abolition of feudal rule (1848) and the enforcement of the Austrian General Civil Code (1853) based, inter alia, on private ownership and gender equality in the matters of inheritance. The GCC had significantly changed the rights of female descendants compared to the feudal period, as all the descendants, regardless of the gender, acquired equal entitlement rights to property, including inheritance. However, gender equality in the distribution of communal household property was adopted in relation to movable property. Contention arose regarding the right of female descendants to the household's immovable property, in the course of division of the household, as well as in the matters of inheritance. After the GCC provisions on inheritance regarding the households had been suspended, regulation of the households was subject to special legislation. Thus, in the communal household laws of 1870 and 1874, the entitlement of the married daughters to distribution and inheritance was regulated differently, however, largely depending on whether movable or immovable property were concerned. Finally, the 1889 communal household law established that the married daughter ceased to be a member of the (birth) household and was no longer entitled to the household property (except the right to dowry). However, in practice, cases emerged of legal inheritance by the married daughter after decease of the father, if division of the communal household had been carried out in the meantime, and the father was registered as an individual owner of the property concerned. In that case, the communal household law did not apply (as it did not provide for inheritance in households) but the GCC provisions on inheritance instead, as communal household property was no longer in consideration. Subject to the GCC, daughters of the former householde members were entitled to legal inheritance rights, however, according to the preserved estate records and reports from the period, this right had caused utter disbelief among the married daughters, as well as among their brothers, considered unjust by both. A similar case of interpretation of the female right to property inheritance should be referred to, existing in non-communal household families, whereby inheritance rights of the female descendants were considered exercised following the receipt of dowry upon marriage. In practice, despite legislation in force, these positions largely discriminated against daughters in favour of sons.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA