Primitive Property

Cover Primitive Property
Primitive Property
Émile De Laveleye, G. R. L. Marriott, Thomas Edward Cliffe Leslie
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The same distinction appears both in the old and new customary law of France between the heritage and the acquits ainsi que lea meuhles*; for the first kind of property the amount that may be disposed of never exceeds one-fifth; for the others it includes the whole. This limitation imposed on the right of testators, which was subsequently adopted to some extent by the Code Mapol^on, is the expression of an idea essentially sound and equitable. It is the German principle of which Tacitus tells u
...s; respect being paid alike to the freedom of individual intent and to the rigid and immutable rights of the family. Over all that he has acquired the testator has free power of disposition ; but his power is checked the moment he attempts to touch the land of his inheritance, the family property which he has administered rather as a mandatory than as absolute owner.
The sound reason for these provisions, which are found uni- versally at a certain period, is that civil society is based on 1 It is exactly the same in the Irish $ept {Corns Becma, Ancient Lawt of Ireland, in.


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