Legal Fundamentals of Custodary Control of Orphans in Early Modern Period Cover Image

Právní podstata poručnické správy sirotků v raném novověku
Legal Fundamentals of Custodary Control of Orphans in Early Modern Period

Author(s): Pavla Slavíčková
Subject(s): History
Published by: Univerzita Palackého v Olomouci

Summary/Abstract: Patronage or tutela was in the Early Modern Period understood as power, control and custody over irresponsible persons, excluding women. The legal defi nition and content of this institution was, until the offi cial codifi cation of the urban law by Pavel Kristián z Koldína, issued at the beginning of the 1680s, taken over from older sources, either domestic – predominantly the municipal law – or via reception from the Roman law. Tutela over orphans had three basic forms, which diff ered in how they were introduced into this legal bond and also in the scope of other rights and duties that were closely bound to patronage. The form of patronage as a legal institution as described in the code of law by Kristián z Koldína may be regarded as a climax of the previous development, which remained almost unchanged during the following period, until the formation of a modern state.

  • Issue Year: 2008
  • Issue No: 34
  • Page Range: 45-52
  • Page Count: 8
  • Language: Czech
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