The Testament of Citizens of the Tarnok-townsand its Legal Comprehension in the New Age Law (16th-19th Century) valid on the Teritory of Slovakia Cover Image

Mestský závet a jeho právne uchopenie v novovekom práve platnom na Slovensku
The Testament of Citizens of the Tarnok-townsand its Legal Comprehension in the New Age Law (16th-19th Century) valid on the Teritory of Slovakia

Author(s): Adriana Švecová
Subject(s): History of Law
Published by: Masarykova univerzita nakladatelství
Keywords: Hungarian testament practice; Article XXVII/1715; testators; written corrective instruction; autographic cross signature; material remuneration package; severance payment obligation

Summary/Abstract: The text is focused on some important features of the Hungarian testament practice and of the law of succession on the example of Tárnok-towns. The determination of succession was considered being a severence payment of the decedent’s estate till the enactment of the law under Article XXVII/1715. The aim of ad pias causas (pious bequests), a material remuneration package for charitable purposes was finally of use. The terms associated with the universal succession were reflected in Hungarian cities in the form of wills or heirs of a universal object. The first group of heirs is mostly identified with the descendants and the surviving spouse, the second group with ascendants (parents), from which the collaterals (relatives and siblings) derive thein title by inheritance. The Article XXVII/1715 regulated formal testaments: precise and clear identification of persons as well as designation of decedent’s estate. Written corrective instruction (naturally found) and illegible handwriting were undesirable. Both place and date of creation were mandatory as well as signature of witnesses, notary or testator (autographic cross signature was sometimes sufficient). Testament had to be drawn up in a language that the testator can understand or at least in such a language that the testator can understand what is the content of the testament. The severance payment obligation was fully met, if the will was published within one year after the death of the testator (the publication was made in the presence of particular persons and representatives of the municipality).

  • Issue Year: 20/2012
  • Issue No: 3
  • Page Range: 257-266
  • Page Count: 10
  • Language: Slovak
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