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Last Wills in Přemyslid Bohemia

Publikace na Filozofická fakulta |
2023

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

The author traces the origin and development of last wills from the beginnings of written culture in the Czech lands to the early 14th century, when they were already a common part of the legal system. In this period, the last will develops in the environment of the emerging Bohemian nobility, which already has property that needs to be legally treated and the legally guaranteed ability to freely dispose of "its" property. The first last wills are preserved in the Bohemian lands from the 70s of the 12th century.

The paper focuses on the relationship between the legal acquisition and its registration. On the other hand, it traces the form from a memorial record of an oral declaration through a testamentary deed to a dispositive deed, and follows their authentication and the guarantee of compliance with their provisions (confirmation of the last will in the monarch's deed, the monarch's seal attached to the lastt will).

At the same time, it provides a diplomatic analysis of the surviving documents, traces their manner of preservation and their legal binding force. It also traces the terminology (ultima voluntas, testamentum) and wording used.

Only marginally does he note the subject of wills, which are treated in the context of legal historical studies.