Intestate succession of female descendants according to the Austrian General Civil Code in the Croatian-Slavonian legal area 1853-1946

Abstract

Development of the Croatian legal system based on the Austrian General Civil Code (GCC) in the period 1853-1946 made the GCC a watershed of legal tradition. Founded on liberal principles, and the principle of individuality, it had a significant impact on the society at the time of its introduction - it had brought the feudal social and legal system to an end and facilitated the emergence of a modern civil society. However, the process of transformation was marked by numerous problems for which the reasons were found in the GCC, particularly in its provisions on intestate succession. Introduction of the principle of equality of male and female descendants in the matters pertaining to inheritance was considered particularly controversial, especially concerning its application in the matters of land inheritance. Difficulties in the application of the principle of equality of inheritance were justified by the legal consciousness in some parts of Croatian society, which were opposed to the idea of gender equality in succession. Also, a belief prevailed that (further) partition of predominantly small lots of land into even smaller parts, following the disposal of the estate between male and female descendants, would lead to difficult economic circumstances and poverty. Therefore, it became usual to use a dowry as an instrument to avoid using the principle of equality of male and female descendants. According to the GCC, dowry was included into the legal portion of inheritance to which the female descendants were entitled. But in practice, dowry became an equivalent to female descendants legal portion of inheritance. Namely getting a dowry was, for daughters, the only way of being settled from the parents estate. Despite disapproval, social and legislative progress eventually led to the adjustment to the principle of equality of male and female descendants as an integral part of Croatian inheritance system.