Naslov
Praesumptio muciana and the Status of Croatian Women with Respect to the Law of Succession according to the ABGB

Autori
Krešić, Mirela

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
"Ius commune graeco-romanum". Essays in Honour of Prof. Dr. Laurent Waelkens

Urednik/ci
Druwe, Wouter ; Decock, Wim ; Angelini, Paolo ; Castelein, Matthias

Izdavač
Peeters

Grad
Leuven

Godina
2019

Raspon stranica
225-240

ISBN
978-90-429-3802-1

Ključne riječi
Women´s right, praesumptio muciana, Croatia, ABGB, inheritance (succesion) law

Sažetak
In the period from 1853 to 1946, the ABGB was in force in Croatia and Slavonia. According to the Code, the legal status of women was to a large extent put on an equal footing with that of men, although equality was not consistently enforced. For the legal status of women, it was important that no difference existed between a single and a married woman, i.e. that the act of marriage did not entail restrictions to a woman’s legal capacity. Moreover, there were no restrictions for women to practice independent professions, which is of exceptional importance since woman’s inequality in family and society resulted from her economic dependence on her father, and later on her husband. The system of separation of property was in force between the spouses and each spouse was the owner of the property that he/she brought into the marriage and was not entitled to the property that the other spouse acquired in the course of the marriage. However, at the same time, Roman law provision, praesumptio muciana, was adopted, which provided that the property acquired in marriage which was not clear to which of the spouses it belonged, was considered to be the husband’s (§ 1237). Given the economic circumstances in the period under review, the possibilities as well as the restrictions that women faced on the labour market of the time, as well as the traditional understanding of their status in society, our intention is to ascertain whether praesumptio muciana resulted in an inequality of spouses in terms of property and an obvious consequence of a wife’s status with respect to the law of succession.

Izvorni jezik
Engleski

Znanstvena područja
Pravo, Povijest, Rodni studiji

POVEZANOST RADA