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- Title
Verbriefung und Finanzierung von Erbteilen und Ehegütern Rechtskontexte im Vergleich: Niederösterreich und südliches Tirol im 18. Jahrhundert.
- Authors
Donabaum, Matthias; Maegraith, Janine
- Abstract
Starting from a framework that views kinship and credit as interdependent social relations, we analyse the management, transfer and securitisation of debt in familial contexts in Tyrol and Lower Austria during the eighteenth century. Pronounced differences in law and practice regarding marital property and inheritance are particularly promising for comparative analysis. By drawing on a variety of sources, we reconstruct two case studies of intergenerational transfers of property and debt that reveal commonalities as well as differences in the contrasting legal contexts. In both cases, we found flexible practices of succession that did not exclude daughters even in the presence of suitable sons, provision contracts that constituted non-monetary mortgages and substantial debt due to claims on inheritance shares. Clear differences stemmed from contrasts in marital property law. In Tyrol, separation of marital property led to a weaker position of widows and marrying-in husbands regarding succession, while in Lower Austria, they had strong claims to the marital estate as a result of their community of property. We show that such institutionalised aspects of marriage and kinship had a strong impact on credit relations within these societies. It is thus important not to limit the analysis of early modern credit to financial markets or loans for investment, trade and consumption, but include claims stemming from marital and familial relations.
- Subjects
ASSET backed financing; MARITAL property; COMMUNITY property; INHERITANCE &; succession; FINANCIAL markets
- Publication
Zeitschrift für Agrargeschichte und Agrarsoziologie, 2022, Vol 70, Issue 1, p21
- ISSN
0044-2194
- Publication type
Article