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In: Regional Variations in Matrimonial Law and Custom in Europe, 1150-1600
In: Regional Variations in Matrimonial Law and Custom in Europe, 1150-1600
In: Regional Variations in Matrimonial Law and Custom in Europe, 1150-1600
Author: Mia Korpiola

Abstract

The article discusses the reception of the canonical doctrine of legitimization by subsequent marriage in medieval Sweden. It analyzes what legal institutions were available in Sweden for pursuing individual property strategies. The article discusses especially how the doctrine was used in practice in the fifteenth-century case involving the marriage and inheritance of King Karl Knutsson Bonde. This case study demonstrates the conflict of interest between the presumptive heirs and the person using marriage as an instrument for changing the pool of presumptive heirs and effectively reducing the inheritance lots of the then heirs or disinheriting them altogether.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Marriage Formation in Sweden 1200-1600
Author: Mia Korpiola
Swedish medieval marriage formation was a process, written down in the secular laws. However, it started to evolve because of the interaction with the medieval Catholic marriage doctrine, which focused on mutual words of consent. Although first the canon law of marriage, and then Lutheran marriage dogma influenced the Swedish development, the perception of marriage as a process, consisting of several legal acts and accompanied by property transfers, proved remarkably resilient. The pragmatic and rural character of Sweden contributed to this, despite pressure from canon and Roman law and attempts at bringing marriage formation under ecclesiastical control. Marrying by stages was in itself unremarkable in Europe, but the legal foundation and formality make medieval and sixteenth-century Sweden a unique case study.
Author: Mia Korpiola
Much research has been done on medieval marriage in the last decades. However, few books have a pronouncedly comparative approach. This book discusses how much was regional and universal in medieval marriage law and practices in Europe. The sources used range from secular and canon law to court practice and from images to private correspondence. Articles discuss medieval and Reformation Belgium, England, France, Germany, Italy, Lithuania, and Sweden. Both marriage formation and marital property, two intertwined aspects, are considered in the articles. The book offers fresh evidence on the scope of regional variation tolerated by the Church, regional practices, and European trends.
Contributors are James A. Brundage, Cecilia Cristellon, Trevor Dean, Charles Donahue, Jr., Caroline Dunn, Mia Korpiola, Jurgita Kunsmanaitė, Anu Lahtinen, Anthony Musson, Philip L. Reynolds, Kirsi Salonen, Silvana Seidel Menchi, and Monique Vleeschouwers-Van Melkebeek.