Majorat in translation from Latin means "senior". This term means that the property is transferred to an older person in the family or in the family. Somewhat later, the estates that were inherited under this right began to be called so. The principle of marjorat and the procedure for its implementation was established in the interests of the integrity of the family or clan.
Marrow Essence
Mayorat is a law that regulated part of the provisions of such a branch of law as inheritance. According to the order established by him, from the time of the reign of Charlemagne until the 19th century, in Western Europe all immovable property (castles, lands) could be inherited only by first-born children. The rest after the death of their parents received only movable things and money. This rule excluded the possibility of dividing tribal lands.
Younger noble children entered civil or military service, could become large merchants or industrialists. And the younger offspring of representatives of the peasant estate went to hired workers (laborers), a servant, in fact leaving the villages, leaving for cities where there was at least some kind of work. From the 18th century a strong movement of agricultural people began in the industrial and commercial sector.
Inheritance in Russia until the 19th century
In the Russian Empire, initially all sons, when dividing the inheritance, received absolutely equal shares, and daughters were endowed with a dowry. In Russia, there was a ladder law, implying the clan principle of inheritance. In 1714, Peter I signed the “Decree on Uniformity”, according to which the owner of the property was obliged to leave the entire property to his only son. If the testator did not take care of drawing up the will, then the eldest son inherited the inheritance.
Movable property was divided between children at the request of the owner. However, as noted by the famous Russian scientist S. M. Solovyov: "Mayorat is a burden, and for most landowners it is very difficult in an agricultural state, with very weak commercial and industrial development and an extremely insignificant amount of finances." After 16 years, the Empress Anna Ioannovna cancels the “Decree on the One Heritage”.
The return of the majorate by Alexander I
In the 19th century, Emperor Alexander I allowed the nobles and the merchants to transfer their estates to the uniform inheritance regime. After this, real estate began to be considered "reserved" and could not be sold for debts.
From 1831 to 1845, 14 majorates were created in Russia. In 1845, the rules on hereditary reserve estates were issued, according to which the majorates, established with the approval of the emperor, are inherited according to the law of seniority. This order was maintained until the line of direct heirs of the very first owner of the majorate was crossed.
Mayorat could not be fragmented or alienated, even in order to pay debts or taxes. Initially, this mode of inheritance transfer was established for estates, which included at least 10 thousand acres of land, bringing no less than 12 thousand rubles of income per year. Later, in 1899, the initial requirements were halved, according to the decree of Nicholas II. In the years 1845-1905, 60 marjorams were created, and from 1899 to 1911 only 33.
Marjorat Act in Europe
In Australia, Canada and the USA, there was no marjoram, and in Europe it traditionally existed. There he practiced since medieval times. According to this principle of inheritance among noblemen, not only all land ownership and other real estate was inherited by one single person, but also the title.
In accordance with the most common type of marjoram, all real estate was inherited by a senior successor, and exclusively male. And also excluded the possibility of inheritance of this property by younger brothers. Moreover, heirs were given priority not even in a straight line (cousins, nephews), bypassing their daughters. Most often, grandchildren born to daughters, as well as nephews through sisters, even males, could not receive immovable goods.
In 1328, after the death of the French king Charles IV, only daughters remained, and the closest relative to the man was Edward III, who was his nephew, born of a sister. However, Edward was the King of England, and, naturally, the French nobility adopted a decree on a major, according to which, as the son of Charles IV’s sister, he did not have the right to inherit the French throne.
After the adoption of this document, succession passed to the cousin of Charles IV, who was the son of his father’s younger brother. He will later become known as Philip VI. Edward did not agree with this decision, after which the Hundred Years War began.
Mayorate in England
The majorate system in Great Britain was formed in the 13th century. Common law in England, which is part of a single legal system along with the right to justice, also introduced the principle of marjorat. But this was done much tougher than in the continental tradition inherent in most other European countries. Mayorat was legalized until the XVII century and was obligatory for execution almost everywhere.
The eldest son inherited houses and lands, and the younger children of both sexes received movable property. And also they could claim to live on the estate until his death and partial compensation. The owner of the majorate made payments in favor of the deprived heirs for life, but never shared real estate with them. Otherwise, by common sense and principles, the majorate in England was very similar to the one that operated in Western Europe.
Property Conservation Law
Majorat was created so that there was a legal opportunity to preserve large possessions in integrity. Where did the idea of one heir come from, and why should he be exactly male and the oldest?
The fact is that the transfer of family possessions to one person greatly increased the ability to survive at least one line from the entire clan. The majorate did not apply to two, all real estate went to one. The dynasties of the nobility with the help of the majorate retained not only possession, but also a title. And the small landowners, completely dependent on their lands, which were in short supply, real estate.
Majorat occurred most often in areas where the lands were more densely populated. For example, before its introduction in New England in the first generation, heirs were much more likely to share their land holdings than in the third generation, since all agricultural land was already occupied.
As Adam Smith wrote in one of his scientific works, a majorate is a law on inheritance of estates, which arose precisely for the same reasons for which the monarchy itself and the principle of its inheritance existed. So that the security of the monarchy and, consequently, its power could not decrease due to the division of its possessions, all power should pass to one heir.
In other words, a majorate is a law that allows not only to preserve the possessions of one dynasty without allowing its dismemberment, but also a way to preserve the kind itself, even if not in a completely fair way.