Polish Ordynacje and the English Common Law Entail and Strict Settlement: Social, Political and Religious Comparative Contexts
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In: Comparative Legal History , Vol. 10, No. 2, 2022, p. 172-203 .
Research output: Contribution to journal › Article › peer-review
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TY - JOUR
T1 - Polish Ordynacje and the English Common Law Entail and Strict Settlement: Social, Political and Religious Comparative Contexts
AU - Korporowicz, Lukasz
AU - Owen, Gwilym
PY - 2022
Y1 - 2022
N2 - Abstract: Entailing landed property was a common feature of European property law in the late medieval and early modern periods, and beyond. Entails were far more common in some European states than in others. The article undertakes comparative research into different forms of entailed property between Poland (where entails were not common) and England and Wales (where entails were common). There is also comparative analysis with the later English common law strict settlement which had the entail at its core. The features which will be compared are who created such settlements; why they were created; the different methods of creation; the attitude of the state/royal government; who benefitted under such settlements; inalienability of land; and perpetuity
AB - Abstract: Entailing landed property was a common feature of European property law in the late medieval and early modern periods, and beyond. Entails were far more common in some European states than in others. The article undertakes comparative research into different forms of entailed property between Poland (where entails were not common) and England and Wales (where entails were common). There is also comparative analysis with the later English common law strict settlement which had the entail at its core. The features which will be compared are who created such settlements; why they were created; the different methods of creation; the attitude of the state/royal government; who benefitted under such settlements; inalienability of land; and perpetuity
KW - Crown
KW - England and Wales
KW - Poland
KW - entails
KW - inheritance law
KW - real property
U2 - 10.1080/2049677X.2022.2131527
DO - 10.1080/2049677X.2022.2131527
M3 - Article
VL - 10
SP - 172
EP - 203
JO - Comparative Legal History
JF - Comparative Legal History
SN - 2049-6788
IS - 2
ER -