Macrides, Ruth. “Dowry and Inheritance in the Late Period: Some Cases from the Patriarchal Register,” In: Eherecht Und Familiengut in Antike Und Mittelalter, ed. Dieter Simon.(Munich: R. Oldenbourg, 1992), 89-98.
Patriarchal registers are for the years 1315-1402, but biggest concentration is of years 1394-1401. Many cases concerned dowry and its restoration and protection against husband's creditors, authorisation of dowry's sale.Diverse social standing of the litigants as well as divers content: jewellery, cash, utilities, vineyards, pounds, orchards, houses, workshops. "the anomaly and confusion of times" (2967, 3061, 3092, 3109, 3120, 3128, 3208, 3219) - Turkish siege of 1394 and struggles between John VII and Manuel II. The case about the income from the icon - 3219.
Many families left after John VII to Selymbria until 1399 - reclaimed properties. Not cared - low value of the property. Loss of documents.
Inconsistency in use of terminology: hypobolon (contribution of man to the marriage) and theoretron sometimes named, but more usual is the third of dowry. new term - proikanadochos - keeper of odwry, a relative of groom (if husband is under 25?). Vague manner of laws naming - the holy laws, neara (usually referred to Novel 26 of 1304-6 of Andronikos II and patriarch Athanasios) - tripartial division of husband's or wife's property if his/her death followed shortly by the death of children: 1/3 to spouse, 1/3 - to church for memorial services and 1/3 to grandparents. But in decisions the law often treated differently.
Dangerous to make generalizations, all cases are particular. Advantageous position of men - in 1317 the case of metropolitan of Antalya, who states that in his region men demand that some properties would be given to them as gifts, while others as dowries.
The hypobolon fall from equal in Justinian time, to 1/2 and 1/3 - burgman and Schmick. Proiks can be also a reference to man's dowry. In some cases it was of the same value, moreover, man can compensate from his dowry of the price of his wife's dowry dropped (3115 and 3122). The most common outcome of patriarchal decision is protection of woman's dowry. Proikanadochos - a new word for old practice. Variety of inheritance practices, sometimes dowered children do not participate in further share of property, sometimes they are suggested to collate, sometimes after death of parents other relatives add something to the dowry.
Комментариев нет:
Отправить комментарий