The Child and Childhood in Folk-Thought: Studies of the Activities and Influences of the Child Among Primitive Peoples, Their Analogues and Survivals in the Civilization of To-DayChamberlain, Alexander Francis
Science
The Child and Childhood in Folk-Thought: Studies of the Activities and Influences of the Child Among Primitive Peoples, Their Analogues and Survivals in the Civilization of To-Day
Chamberlain, Alexander Francis
Child rearing; Children -- Folklore; Folklore and children
The hereditary rights of children to share in the property of their
parents have been made the subject of an interesting study by Clement
Deneus (215), a lawyer of Ghent, who has treated in detail of the
limitation of the patria potestas in respect to disposition of the
patrimony, and the reservation to the children of a portion of the
property of their parents--an almost inviolable right, of which they can
be deprived only in consequence of the gravest offences. This
reservation the author considers "a principle universally recognized
among civilized nations," and an institution which marks a progress in
the history of law and of civilization (215. 49), while testamentary
freedom is unjust and inexpedient. The author discusses the subject from
the points of view of history, statute and natural law, social economy,
etc., devoting special attention to pointing out the defects of the
system of the school of Le Play,--primogeniture, which still obtains in
England, in several parts of Germany, in certain localities of the
Pyrenees, and in the Basque provinces.
In the countries of modern Europe, the testamentary power of the father
is limited as follows: _Austria_ (Code of 1812): One-half of
parents' property reserved for children. The law of 1889 makes exception
in the case of rural patrimonies of moderate size with dwelling
attached, where the father has the right to designate his heir.
_Denmark_ (Code of 1845): Father can dispose of but one-fourth of
the property; nobles, however, are allowed to bestow upon one of their
children the half of their fortune. _Germany_: No uniform civil
legislation exists as yet for the whole empire. In the majority of the
smaller states, in a part of Bavaria, Rügen, eastern Pomerania,
Schleswig-Holstein, the _Corpus Juris Civilis_ of Justinian is in
force, while the Napoleonic code obtains in Rhenish Prussia, Hesse, and
Bavaria, in Baden, Berg, Alsace-Lorraine. In Prussia, the reserve is
one-third, if there are less than three children; one-half, if there are
three or four. In Saxony, if there are five or more children, the
reserve is one-half; if there are four or less, one-third.
_Greece:_ The Justinian novels are followed. _Holland:_ The
Napoleonic code is in force. _Italy_ (Code of 1866): The reserve is
one-half. _Norway_ (Code of 1637, modified in 1800, 1811, 1825):
The father is allowed free disposal of one-half of the patrimony, but
for religious charities (_fondationspieuses_) only.
_Portugal_: The legitimate is two-thirds. _Roumania_ (Code of
1865): The same provision as in the Napoleonic code. _Russia_ (Code
of 1835): The father can dispose at pleasure of the personal property
and property acquired, but the property itself must be divided equally.
In Esthonia, this provision also applies to personal property acquired
by inheritance. _Spain_ (Code of 1889): The father can dispose of
one-third of the patrimony to a stranger; to a child he can will
two-thirds.
Public-domain text, read in full here on John Shaqi.
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