%0 Journal Article
%T Principles of inheriting immovable property according to allgemeines bürgerliches gesetzbuch in 19th century
%A Koredczuk, Józef
%J Cracow Studies of Constitutional and Legal History
%V 2013
%R 10.4467/20844131KS.13.015.1609
%N Volume 6, Issue 3
%P 259-266
%K inheritance law, Austrian law, ABGB, inheriting inheritance, immovable property, legitime, fidei-comurission, bequest
%@ 2084-4115
%D 2014
%U https://ejournals.eu/en/journal/kshpp/article/zasady-dziedziczenia-nieruchomosci-wedlug-allgemeines-burgerliches-gesetzbuch-w-xix-wieku
%X The author presents the principles of inheriting immovable property in ABGB. Within the inheritance law in ABGB the notion of immovable property was infrequently evoked, as immovable property was not differentiated from other elements of the legacy. The regulations concerning inheriting immovable property in ABGB did not form any coherent system. The legislator mentioned them in the context of regulating certain institutions of inheritance law: substitution of trust, family trust, legacy, legitime, and inheritance. The author provides a detailed discussion of mentioned cases, at the same time presenting the views of the most prominent experts on inheritance law, the Cracovian scholars: Stanisław Wróblewski, Fryderyk Zoll (the elder) and Kazimierz Przybyłowski. All this is set against the background of French inheritance law which operated in the Kingdom of Poland at that time.