When Did Marriages Become Legal Contracts

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Homosexual “marriage” in medieval EuropeSexual partnerships in part are not a new invention. Until the 13th century, male liaison ceremonies were common in Mediterranean churches. Apart from the sex of the couples, these events were almost indistinguishable from other marriages of the time. Twelfth-century liturgies for homosexual partnerships – also known as “spiritual brotherhoods” – included the repetition of wedding prayers, the union of hands at the altar, and a ceremonial kiss. Some historians believe that these unions were only a means of sealing alliances and agreements. But Eric Berkowitz, author of Sex and Punishment, says it`s “hard to believe that these rituals didn`t consider erotic contact. In fact, it was the sex between the men involved that later led to the ban on same-sex partnerships. This happened in 1306, when the Byzantine Emperor Andronikos II, along with witchcraft and incest, declared these ceremonies non-Christian. 43 According to the Commission, Herberg`s right in that marriage contract concerns `only his own person`.

This also applied to widows. If a widow decided to remarry, she usually lost this right of residence and all associated rights of use. Remarriage decisions must therefore be considered in the light of the fact that a certain degree of security had to be waived for this purpose. It was important to consider the economic advantages and disadvantages at stake. Given the unequal situation of widows and widowers in the context of the separate matrimonial property regime, it can be assumed that the various legal provisions relating to the couple`s property must have had a particularly strong influence on women`s remarriage rates. Co-ownership or full usufruct rights tended to facilitate remarriage, while separating property with a right of maintenance and accommodation limited to one`s own person probably made remarriage more difficult. Nevertheless, monogamous marriage was very different from the modern conception of mutual fidelity. Although marriage between one man and one woman was recognized legally or sacramentally, until the 19th century, men had ample leeway to conduct extramarital affairs, Coontz said. However, all the children born of these attempts would be illegitimate, without any claim to the inheritance of man.

19It must be said that, in general, a great value has been attached to property in the society studied. [17] The legal basis for property and property matters was the Tyrolean State Code, the version of which [18] remained in force in 1573 until the entry into force of the Civil Code Josephine in 1786. However, it should continue to serve as a reference for long after this period. As far as inheritance is concerned, the Tyrolean State Ordinance did not provide for a specific form. The current practice was therefore diverse: in some parts of Tyrol there was mainly a partial inheritance, while in other regions property was usually passed on to only one heir. There is a preference for the succession of the eldest son, as well as that of the youngest (Rösch, 1994; Palme, 1994). In the audited courts of San Candido and Welsberg, the undivided inheritance of the property with the preference of the eldest son or daughter dominated. Women were not excluded from inheritance, but enjoyed a lower priority than men: girls received property when there were no sons, when the son(s) used or had built something else for their existence, or when there were certain reasons based on certain relationships within the family. The inequality between men and women in the distribution of immovable property was therefore less enshrined in law than the result of unequal and gender-based access to practical inheritance.

Typically, the sums of money were allocated to children who were not supposed to receive property, but they often did not matter too much. In addition, there were few suitable opportunities for women to earn money to buy a house or part of a house on the basis of their own work, as the economic activity in this society was mainly rural/agricultural and artisanal/workshop-related. 9It seems important to me to stress that it is not enough to focus solely on `farmers`, because the social spectrum in rural areas, as elsewhere, was much more widespread and included several professions. Farmers also grew cattle, owned an inn, or traded on the side, while artisans often had only a small farm. In the interest of explaining individual models as well as clarifying internal relationships and distinctions, it was mainly Jon Mathieu (2000; 1998, 187-189) who argued for more attention to socio-political contexts and legal foundations than to ecological and economic arguments. Pier Paolo Viazzo (1989, 224-257), in his comparative study of the Alpine region, discussed the complex relationships underlying marriage models, with an emphasis on different inheritance practices. .