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Majorat

This article is about the legal concept. For the Polish village, seeMajorat, Lublin Voivodeship.

Majorat (French:[maʒɔʁa]) is a French term for an arrangement giving the right of succession to a specific parcel ofproperty associated with atitle of nobility to a single heir, based on maleprimogeniture. A majorat (fideicommis) would beinherited by the oldest son, or if there was no son, the nearest male relative. This law existed in some European countries and was designed to prevent the distribution of wealthy estates between many members of the family, thus weakening their position. Majorats were one of the factors facilitating the evolution ofaristocracy. The term is not used to refer to inheritances in England, where the practice was the norm, in the form of entails (also known asfee tails. Majorats were explicitly regulated byFrench law. In France, it was a title to property, landed or funded, attached to a title instituted byNapoleon I and abolished in 1848.[1]

In many cases, the title could not be inherited if the property attached to it did not pass to the same person.[2] Like English entails, the consequences of majorats were often used in fiction to add complexity to plots;Honoré de Balzac was especially interested in them.[3]

In thePolish–Lithuanian Commonwealth, majorat was known asordynacja and was introduced in late 16th century by KingStephen Báthory. A couple ofPolish magnates' fortunes were based onordynacja: namely those of theRadziwiłłs,Zamoyskis,Wielopolskis.Ordynacja was abolished by the institution ofagricultural reform in thePeople's Republic of Poland.

In Portugal, there was a similar arrangement called amorgadio, the holder of which was denominated themorgado (ormorgada if female). Eachmorgadio was established by a specific deed on the basis of an indivisible estate and included rules of succession. In many cases, one of the requirements for inheritance was that the heir must take the family name—-and occasionally the coat of arms—-of the founder of themorgadio. Both men and women could institute and inherit one, although in most cases succession was preferentially by male primogeniture. In some families manymorgadios were accumulated as a result of marriage alliances, leading to a tradition of very long family names among the Portuguese nobility.Morgadios were abolished in 1863.

In Spain the practice was known asmayorazgo, and was a part of theCastilian law from 1505 (Leyes de Toro) to 1820. Basque majorats could be inherited by the oldest male or female child.

See also

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  • Minorat – same as majorat, only inheritance passed to the youngest child
  • Fee tail - similar but different concept in common law

References

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  1. ^William Burge gives a full account of the French laws between Napoleon and 1838 in hisCommentaries on colonial and foreign laws: generally, and in their conflict with each other, and with the law of England, Volume 2, 1838, Saunders and Benning, 1838,online from google
  2. ^Burges, 207-208
  3. ^Butler, Ronnie,Balzac and the French Revolution, pp. 113-120, 1983, Taylor & Francis,ISBN 0389204064, 9780389204060,google books

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