19世紀中葉フランスにおける相続分の具体的形成の自由確立 : 1866年農業アンケート証言録の分析を中心に

概要

論文の詳細を見る
This paper analyzes the depositions made in the 1866 Agricultural Questionnaire concerning law amendments about the actualization of inheritor's shares. In those days, excessive division of land was a problem and the law of inheritance was seen as the major cause. The Court of Cassation of France used to give decisions to divide land in kind, but such a trend gave rise to complaints in many regional areas. Even in the 1866 Agricultural Questionnaire depositions, farmers' opinions concerning this problem can be found. These depositions can be grouped into six types, two of which are more important than the others. The first type requested the actualization of each child's share while keeping equality between the children. The second type requested the freedom to make wills (especially the expansion of the willed portion). The farmers in the Paris Basin demanded the amendment of the Civil Code so that requests of the first type would be possible. In central and southwestern France, demands for both types were seen, but the first type was becoming predominant. Eventually, the central government decided to adopt the first type. The farmers' demands were realized at least to a certain extent. This outcome was based on the inheritance strategies of French farmers that are investigated in this paper.
2001-03-25