''Majorat'' () is a French term for an arrangement giving the right of succession to a specific parcel of
property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
associated with a
title of nobility to a single heir, based on male
primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inheritance, inherit the parent's entire or main estate (law), estate in preference to shared inheritance among all or some children, any illegitimate child ...
. A majorat (
fideicommis
A ''fideicommissum'' is a type of bequest in which the beneficiary is encumbered to convey parts of the decedent's estate to someone else. For example, if a father leaves the family house to his firstborn, on condition that they will bequeath it to ...
) would be
inherited by the oldest son, or if there was no son, the nearest relative. This law existed in some European countries and was designed to prevent the distribution of wealthy estates between many members of the family, thus weakening their position. Majorats were one of the factors easing the evolution of
aristocracy. The term is not used of English inheritances, where the concept was actually the norm, in the form of entails or
fee tail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
s. Majorats were specifically regulated by
French law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is th ...
. In France, it was a title of property, landed or funded, attached to a title instituted by
Napoleon I
Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader wh ...
and abolished 1848.
Often the title could not be inherited if the property did not pass to the same person. Like English entails, the implications of majorats were often used in fiction to furnish complexity in plots;
Honoré de Balzac
Honoré de Balzac ( , more commonly , ; born Honoré Balzac;Jean-Louis Dega, La vie prodigieuse de Bernard-François Balssa, père d'Honoré de Balzac : Aux sources historiques de La Comédie humaine, Rodez, Subervie, 1998, 665 p. 20 May 179 ...
was especially interested in them.
[Butler, Ronnie, ''Balzac and the French Revolution'', pp. 113-120, 1983, Taylor & Francis, , 9780389204060]
google books
/ref>
In the Polish–Lithuanian Commonwealth
The Polish–Lithuanian Commonwealth, formally known as the Kingdom of Poland and the Grand Duchy of Lithuania, and, after 1791, as the Commonwealth of Poland, was a bi- confederal state, sometimes called a federation, of Poland and Lithuania ...
, majorat was known as '' ordynacja'' and was introduced in late 16th century by king Stephen Báthory
Stephen Báthory ( hu, Báthory István; pl, Stefan Batory; ; 27 September 1533 – 12 December 1586) was Voivode of Transylvania (1571–1576), Prince of Transylvania (1576–1586), King of Poland and Grand Duke of Lithuania (1576–1 ...
. A couple of Polish magnates' fortunes were based on ''ordynacja'', namely those of the Radziwiłłs, Zamoyskis, Wielopolskis. was abolished by the agricultural reform
Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural ...
in the People's Republic of Poland
The Polish People's Republic ( pl, Polska Rzeczpospolita Ludowa, PRL) was a country in Central Europe that existed from 1947 to 1989 as the predecessor of the modern Republic of Poland. With a population of approximately 37.9 million nea ...
.
In Portugal a similar construct was called a , the holder of which was denominated the ''morgado'' ou ''morgada'' if female''.'' Each ''morgadio'' was established by specific deed on the basis of an indivisible estate and included rules of succession. In many cases, one of the requirements for inheritance was to pass down the family name of the founder of the ''morgadio'' and, occasionally, his or her coat of arms. Both men and women could institute and inherit, although in most cases succession was preferentially by male primogeniture. In some families many ''morgadios'' were accumulated as a result of marriage alliances, leading to a tradition of very long family names among the Portuguese nobility. ''Morgadios'' were abolished in 1863.
In Spain it was known as , and become a part of the Castilian law from 1505 () until 1820. Basque majorats could be inherited by the oldest male or female child.
See also
* Minorat – same as majorat, only inheritance passed to the youngest child
* Fee tail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
- similar but different concept in common law
References
{{reflist
Property law