Instytucja małżeństwa w świetle intercyz przedślubnych w okresie staropolskim

Abstract

Prenuptial agreements provide us with much information on legal and moral aspects of contracting marriage. A premarital agreement defined the marriage portion given to a woman on her marriage and the length of time permitted for repayment. The future husband’s obligations assumed towards his wife were also described accurately. The prenuptial agreements, accompanied by other family documents such as a life estate or a testament, throw light not only on a matter of certain terms regarding women entering into marriage but also on actual fulfilment of the obligations imposed by prenuptial agreements. The lien, the signatures of numerous witnesses and the offer (oblatus) might lead to the conclusion that premarital agreements were treated in all seriousness. With changing times and legal/religious requirements, the marriage contract was broken down into several parts; one of them was a pre-marriage engagement which turned to be an occasion to make a list of premarital agreements valid for both sides.