@article{0a7eb779-9fc1-4833-b41c-0412482b689f,
author = {Maciej Mikuła},
title = {Family Property Rights versus Freedom of Disposal Against the Background of the Oldest City Books of Kraków and Görlitz (Records from the Years 1300–1343)},
journal = {Cracow Studies of Constitutional and Legal History},
volume = {Volume 11 (2018)},
number = {Volume 11, Issue 4},
year = {2018},
issn = {2084-4115},
pages = {449-468},keywords = {Beispruchrecht; ius propinquitatis; property law; inheritance law; Kraków; Zgorzelec; municipal
records; Magdeburg law},
abstract = {The article presents the results of the comparison of urban legal practice in Kraków and Görlitz in the years 1300–1343 against the background of the oldest city books. The subject of the analysis was a record illustrating guarantees for the safety of legal transactions. Freedom of disposal of family goods was limited in the Middle Ages with regard to the property interests of the family. The article provides closer analysis of cases of family members’ consent to divest assets to persons not belonging to the immediate family, guarantees of the seller regarding the buyer’s undisturbed possession of the acquired goods until expiry of the limitation period for possible claims of family members (one year and one day), and cases of waiver to claims of this kind by family members for the future. With regard to the latter aspect, it was established that, in light of Görlitz’s practice, relinquishing by family members of their rights to certain elements of their assets could also have legal consequences in the form of the right of conciliation, even in the case of claims under the right to sue. In Kraków, on the other hand, there was a recognitiones of rights to certain goods, especially hereditary goods, beyond the scope of the authority of the city administration. Legal practice in both cities points to a harmonious coexistence of the protection of the family’s property interests and the freedom of alienation, which was essential for the professional activity of citizens.},
doi = {10.4467/20844131KS.18.038.9480},
url = {https://ejournals.eu/en/journal/kshpp/article/familiare-vermogensrechte-kontra-verausserungsfreiheit-vor-dem-hintergrund-der-altesten-stadtbucher-von-krakau-und-gorlitz-aufzeichnungen-aus-den-jahren-1300-1343}
}