« Aussy avant les filz que les filles, et les filles que les filz » : les droits successoraux des filles de famille dans la coutume de Liège et dans les actes de la pratique du xvie siècle

Abstract

Summary « Aussy avant les filz que les filles, et les filles que les filz » : inheritance rights of daughters according to the custom of Liège and in deeds of the 17th century. – In the 16th century, the customary law of Liège, a middle-sized estate of the Holy Roman Empire governed by a prince-bishop, excluded daughters from inheriting censal property located outside the ‘franchise’ of the states’ cities. However, such property – lands and buildings subjected to cens and annuities (‘cens’ and ‘rentes’) – often constituted a significant part of the parental estate. Aware of the issue, and of the risks that the law might lead to situations of conflicts, including legal proceedings, between their children, many parents, together or separately, derogated from the customary rule in their will. An aspect which has more rarely been brought to the fore by legal scholarship, marriage contracts were also a means to divide the inheritance equally among children.