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
He can also, in the case of farming, industry, or commerce,
leave his entire property to one of his children, except that the
legatee has to pecuniarily indemnify his brothers and sisters.
_Sweden_ (Code of 1734): In the towns, the father can dispose of
but one-sixth of the patrimony; in the country, the patrimonial property
must go to the children. The rest is at the will of the father, except
that he must provide for the sustenance of his children.
_Switzerland:_ At Geneva, the Napoleonic code is in force; in the
Canton of Uri, the younger son is sometimes specially favoured; in
Zürich, the father can dispose of one-sixth in favour of strangers, or
one-fifth in favour of a child; in Bâle, he is allowed no disposal; in
the cantons of Neuchâtel and Vaud, the reserve is one-half, in Bern and
Schaffhausen, two-thirds, and in Eriburg and Soleure, three-fourths.
_Turkey:_ The father can dispose of two-thirds by will, or of the
whole by gift (215. 39-41).
In Prance, article 913 of the civil code forbids the father to dispose,
by gift while living, or by will, of more than one-half of the property,
if he leaves at his death but one legitimate child; more than one-third,
if he leaves two children; more than one-fourth, if he leave three or
more children. In the United States great testamentary freedom prevails,
and the laws of inheritance belong to the province of the various
States.
Among the nations of antiquity,--Egyptians, Persians, Assyrians,
Chinese,--according to Deneus (215. 2), the _patria potestas_
probably prevented any considerable diffusion of the family estates. By
the time of Moses, the Hebrews had come to favour the first-born, and to
him was given a double share of the inheritance. With the ancient Hindus
but a slight favouring--of the eldest son seems to have been in vogue,
the principle of co-proprietorship of parent and children being
recognized in the laws of Manu. In Sparta, the constitution was inimical
to a reserve for all the children; in Athens, the code of Solon forbade
a man to benefit a stranger at the expense of his legitimate male
children; he had, however, the right to make particular legacies,
probably up to one-half of the property. Deneus considers that the
_penchant_ of the Athenians for equality was not favourable to a
cast-iron system of primogeniture, although the father may have been
able to favour his oldest child to the extent of one-half of his
possessions. In ancient Rome (215. 4-16), at first, a will was an
exception, made valid only by the vote of a lex curiata; but afterwards
the absolute freedom of testamentary disposition, which was approved in
450 B.C. by the Law of the Twelve Tables,--_Uti legassit super
pecunia tutelage suce rei, ita jus esto,_--appears, and the father
could even pass by his children in silence and call upon an utter
stranger to enjoy his estate and possessions. By 153 B.C., however, the
father was called upon to nominally disinherit his children, and not
Public-domain text, read in full here on John Shaqi.
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