1985
DOI: 10.1016/0144-8188(85)90020-1
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Why did inheritance laws change?

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Cited by 12 publications
(10 citation statements)
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“…The analysis of the sources of law of medieval European states, including Eastern European states (for example, Kievan Rus) showed that the influence of Roman law after the destruction of the empire (the Western Roman empire) was not as universal as it seemed in view of its importance for legal science (Benda-Beckman, 2001;Brenner, 1985). On the one hand, the period following the fall of the empire is characterized, on the one hand, by the Romanization of its provinces, by the decrease in the general level of culture and the barbarization of Rome.…”
Section: Resultsmentioning
confidence: 99%
“…The analysis of the sources of law of medieval European states, including Eastern European states (for example, Kievan Rus) showed that the influence of Roman law after the destruction of the empire (the Western Roman empire) was not as universal as it seemed in view of its importance for legal science (Benda-Beckman, 2001;Brenner, 1985). On the one hand, the period following the fall of the empire is characterized, on the one hand, by the Romanization of its provinces, by the decrease in the general level of culture and the barbarization of Rome.…”
Section: Resultsmentioning
confidence: 99%
“…Turning to the question of the formation of national inheritance law and the echoes of Roman law, the authors again note that the inheritance law of any nation, society or state is based on traditions, customs, and sometimes religious norms (Benda-Beckmann, 2001;Brenner, 1985;Elinder, Erixson, & Ohlsson, 2012;Wolff & Gittleman, 2014). However, modern procedures for introducing foreign norms into national inheritance law have different purposes: from the provision of legal regulation of private interests, business inheritance, etc., and ending with the desire of a legislator to assist a minority, which is not always effective.…”
Section: Resultsmentioning
confidence: 99%
“…Blackstone (1766, p. 215) reasons similarly, adding that younger brothers were encouraged by the system to enter alternative occupations: the military, mercantile, civil and ecclesiastical positions, see also Betzig (1995) and Debris (2005, p. 24-25). The practice of fief indivisibility, particularly through primogeniture, better protected landownership against external attacks by selecting the eldest and most able son to inherit the responsibility of organising the defence, see Brenner (1985). However, external security came at the cost of internal instability caused by quarrels between siblings, see Bloch (1989, p. 134-135) and Duby (1983, p. 93-94).…”
Section: A Historical Backgroundmentioning
confidence: 99%