Abolishment of the institution of aviticitas and the establishment of modern private law in Hungary

Authors

  • György Képes Eötvös Loránd University, Faculty of Law

Keywords:

aviticitas, civil law, Hungarian legal history, legal modernization, private law, property law

Abstract

Only few such, directly private law-related, institutions are known in world history which had in themselves become the symbol of an outdated era. Aviticitas was definitely such an institution. Political and legal thinkers of the Hungarian enlightenment and the Reform Era, committed to the transition from a mostly feudal society to a modern one, unanimously considered it as one of the remnants of the Middle Ages and also an obstacle to social and economic development. As the legal historian József Illés stated: it was “the most expressive institution” of the legal ancien regime.1 The present study wishes to highlight that, even if such critique was at times exaggerated and the institution itself was not as much the devil’s work as some contemporaries saw it, the in rem aspect of aviticitas2 became outdated by the end of the 18th century and the beginning of the 19th century.

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Published

2021-07-04

Issue

Section

Articles

URN