Inheritance law in Moldova of the 16th – 17th century
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POGORLETSKAYA, Irina. Inheritance law in Moldova of the 16th – 17th century . In: Rusin, 2023, vol. 72, pp. 30-44. ISSN 1857-2685. DOI: https://doi.org/10.17223/18572685/72/3
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Rusin
Volumul 72 / 2023 / ISSN 1857-2685 /ISSNe 2345-1149

Inheritance law in Moldova of the 16th – 17th century

Наследственное право молдавского государства XVI–XVII вв.

DOI:https://doi.org/10.17223/18572685/72/3

Pag. 30-44

Pogorletskaya Irina
 
T.G. Shevchenko State University of Pridnestrovie, Tiraspol
 
 
Disponibil în IBN: 28 decembrie 2023


Rezumat

The Moldovan inheritance law norms began to take shape simultaneously with the institution of property rights even before the formation of the Moldovan state in 1365. The Moldovan inheritance law consisted mostly of customary norms (obicheyul pamyntului). Since the reception of Roman-Byzantine law dates back to the 18th century, the norms of customary law were overwhelmingly applied for inheritance law until the second half of the 17th century. At the same time, the Code of Vasily Lupu of 1646 contained only single norms on issues of inheritance law, in particular, the transfer of patrimony and other property by inheritance, as well as the possibility of inheritance of sisters, along with brothers. Both movable and immovable things could act as the object of inheritance. Since the 15th century, inheritance was known in Moldova, both by law and by will. Inheritance by law is historically the first form of disposition of property after death. The circle of heirs according to the law (custom) was very wide. The rules of customary law in the field of inheritance provided for five lines of inheritance. Provided there were no heirs, the property was recognized as escheated by state. Children from different marriages, adopted children, and since the 18th century even illegitimate children of both sexes were capable of inheriting. Girls could inherit the patrimony along with brothers. Women had the same right as men to own land and villages and could independently dispose of and transfer their property. Over time, the evolution of inheritance law brought about a custom in the customary law, according to which a daughter who had previously received a dowry could become an heiress by adding the dowry to the common inherited property. This custom is called Sinisphora. An important feature of medieval Moldovan law was ultimogeniture (junior right), that is, the priority of the youngest son or daughter, who, as a rule, received the parental home.

Cuvinte-cheie
inheritance by law (custom), inheritance by will, inheritance law, sinisphora, ultimogeniture