| Keywords |
|
| ID |
5430 |
| Text |
Ahistulfi Legis anni V (755 - 755) Aistulf |
| Quotation |
Si quis Langobardus decidens uxori suae usumfrctum de rebsus auis iudicare voluerit et filius vel filias ex ea reliquerit non amplius ei pro usumfructum iudicare possit quam medietatemt ex sua substantia super illut quod ei in morgincap et metam secundum legem datum… |
| Translation |
If any Lombard wishes to grant to his wife a usufruct from his property, if he leaves sons or daughters by her, he cannot grant more to her for her usufruct than a half of his property since he has already given her a morgincap [morning gift] and a meta [marriage portion] according to law
(Emended from K. Fischer-Drew, trans., The Lombard Laws (1973), p. 234) |
| Summary |
Aistulf, No. 14 establishes that a man may transfer on his death up to half of his property to his wife – in addition to her morgincap [morning gift] and meta [marriage portion] as a usufruct following his death, unless he also has children with a previous wife, in which case if he has two previous sons or daughters then he may only grant his wife up to a third of his proeprty as usufuct; if he had three chidlren, up to a quarter, and so forth. The law concludes stating that if she remarries, however, then the property reverts to the heirs. |
| Quotation source |
MGH, LL 4, 1868 (F. Bluhme), pp. 200-01 |
| Temporal Coverage |
755 - 755 |
| Associated use case(s) |
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| Comment |
The Ahistulfi Leges (V) form part of the Leges Ahistulfi [Text, ID:1119] and in turn are part of the collected Edictus Langobardorum [Text, ID:984]. |
