engleski

WIDOW ENJOYMENT IN ROMAN AND MEDIEVAL LAW (COOPERATION WITH VENICE, FRANKISH AND “ISTRIAN MARRIAGE”

Generally speaking, the hereditarily-legal position of a wife in all phases of Roman law evolution was very bad. The reason lies in the fact that a wife, almost throughout the whole Roman history, was considered a stranger in a family. On the other hand, the possibility of getting remarried i.e. getting married again, after the death of the husband posed a constant threat for the family property, because it would compromise the fate of the family property. Unlike that “the marriage in Istrian fashion” represents the marital property union which makes the wife a co-acquisitor in the marriage and that improves her position in property when she becomes a widow. The influence on this legal solution can be found in the Frankish law and the wife‟s right for the third of the property – tertia. But, the solution in Istra went one step further. It admits to the surviving spouse, which benefits the widow, the right to the half of the property, which also takes into the account premarital property brought to the marriage

heritage ; widow ; roman and medieval law ; Istria

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