The legal possibilities of Antwerp widows in the late sixteenth century

This article assesses the ability of widows and other women in Antwerp to act independently of men to defend their economic interests and those of their children. Consideration is given to both legal norms and actual practice in a number of different areas including writing wills, making marriage contracts, managing financial assets and pursuing claims and defending themselves in the civil courts. Analyses of these issues indicate that widows in Antwerp enjoyed in practice a greater degree of independence than was available to widows in many other parts of Europe, despite their weaker position in law.Particular attention is given to the role in Antwerp of women merchants whose position freed them from male control and supervision. It is argued that their favored status did not derive from the desire of the authorities to protect the interests of their male relatives or to advance the economic interests of these women. Rather their legal freedom is seen as reflecting acknowledgement of the importance of their business activities and the wish to safeguard the interests of their customers who could pursue claims against the woman merchant in the event of a dispute.     

Survival strategies of widows and their families in early modern Holland, c. 1580–1750

This article analyses the impact of widowhood upon women in early modern urban society in Holland. Widows were able to maintain their households and to minimize the discontinuity with their lives when married. A remarkably egalitarian inheritance and marital property law, access to a broad range of occupations, a privileged status, an extended poor relief system, institutionalised mutual assistance and new forms of financial provisions for widows enabled widows to survive after the loss of an adult male breadwinner. However, legal rights, social provisions and economic opportunities available to women in the Dutch Golden Age and thereafter, could not prevent social polarization after women lost their spouse.     

Survival strategies of widows and their families in early modern Holland,c. 1580–1750

This article analyses the impact of widowhood upon women in early modern urban society in Holland. Widows were able to maintain their households and to minimize the discontinuity with their lives when married. A remarkably egalitarian inheritance and marital property law, access to a broad range of occupations, a privileged status, an extended poor relief system, institutionalised mutual assistance and new forms of financial provisions for widows enabled widows to survive after the loss of an adult male breadwinner. However, legal rights, social provisions and economic opportunities available to women in the Dutch Golden Age and thereafter, could not prevent social polarization after women lost their spouse.     

Bequests to widows and their property in early modern England

This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.     

Bequests to widows and their property in early modern England

This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.     

Repression and incitement: A critical demographic,feminist, and transnational analysis of birth control in Estonia, 1920–1939

This article addresses the role of inheritance in the economic well-being of widows in early modern urban Holland. It discusses marital property law and inheritance law, as well as inheritance practices, by analysing marriage contracts and wills. The egalitarian distribution of property and the strong commitment to the nuclear family embedded in law was strengthened by wills. Widows benefited from these tendencies. A comparison with English law points to the strong position of Dutch widows. The legal system enabled widows to continue the household after the death of their spouses and in this respect their situation was remarkably similar to that of widowers.     

Rural widows,economy and co-residence in the 18th and 19th centuries

Widows in the past have often been viewed either as poor and lonely or living under the control of their family members. The aim of this article is to show that the situation of widows in the 18th and 19th century Nordic countries does not necessarily correspond with these images. Law and custom provided landholding women with a certain amount of economic security in widowhood, and it seems to be relatively clear that women knew how to make use of their position. However, the frequency of co-habitation between mothers and children also indicates the creation and maintaining of mutually supportive strategies. The increasing stratification of 19th century society did on the other hand inflate the group of widows without property. As a result of running a household without a production element these widows had a greater need to launch their children into the labour market and therefore found themselves in greater need of assistance from the community in old age.     

Generous provisions or legitimate shares? Widows and the transfer of property in 17th-century Holland

This article addresses the role of inheritance in the economic well-being of widows in early modern urban Holland. It discusses marital property law and inheritance law, as well as inheritance practices, by analysing marriage contracts and wills. The egalitarian distribution of property and the strong commitment to the nuclear family embedded in law was strengthened by wills. Widows benefited from these tendencies. A comparison with English law points to the strong position of Dutch widows. The legal system enabled widows to continue the household after the death of their spouses and in this respect their situation was remarkably similar to that of widowers.     

Rural widows,economy and co-residence in the 18th and 19th centuries

Widows in the past have often been viewed either as poor and lonely or living under the control of their family members. The aim of this article is to show that the situation of widows in the 18th and 19th century Nordic countries does not necessarily correspond with these images. Law and custom provided landholding women with a certain amount of economic security in widowhood, and it seems to be relatively clear that women knew how to make use of their position. However, the frequency of co-habitation between mothers and children also indicates the creation and maintaining of mutually supportive strategies. The increasing stratification of 19th century society did on the other hand inflate the group of widows without property. As a result of running a household without a production element these widows had a greater need to launch their children into the labour market and therefore found themselves in greater need of assistance from the community in old age.     

Women,family, and small business in late nineteenth century Sweden

In Sweden, unmarried women and widows had a long historical tradition of involvement in the retail trades and in handicrafts. They supervised enterprises between the death of their husbands and another male heir, and poor women had the right to become hawkers or innkeepers. During the second half of the nineteenth century, the number of unmarried women increased, and the authorities wanted to open new trades in which women could earn their own living and not become an economic burden on local government. Given these new possibilities, women developed several different strategies, which can be seen in the three Swedish towns of Sundsvall, Härnösand, and Umeå when their business history of the later part of the nineteenth century is examined. Women's business involvements exhibit the older patterns of family survival, but now add motives having to do with status maintenance and emancipation.     

Widows: Outsiders in rural economy and society in central European villages, 1558–1750

Due to the lack of micro-historical empirical studies, a general account of the situation of women in early modern rural societies of demesne lordship (Gutsherrschaft) is not possible, yet. Previous research has generally assumed that their economic position was difficult. Recent studies, however, aimed to modify this picture by emphasizing, in particular, their independent economic activities, especially with increasing age.This paper will address the position of widows in rural society. It will analyze land transfer contracts for three individual villages of the Northern Bohemian estate of Frýdlant between 1558 and 1750 and contrast the results with normative sources of the same estate. It will particularly deal with the question whether widows could work subject farms and holdings independently and how they secured livelihood after selling their properties.     

新《破产法》的制度创新解读及其对商业银行债权的影响

新《破产法》是我国经济体制改革进程中的一部标志性法律，它的出台表明我国的市场经济发展到了一个新阶段。它为债务人、债权人、投资者、职工等主体提供了维护自己权益的法律依据；对商业银行而言，它在维护银行债权的同时也对银行债权带来了一些不利影响。因此，有必要对新《破产法》引进的新制度进行解读，并深入分析这些制度对银行债权的影响，以防范银行贷款风险。     

Women between a new marriage and an independent position: Rural widows in Bohemia in the first half of the nineteenth century

This article discusses the position of widowed rural women in early 19th-century Bohemia. It focuses on women who had been married to full peasant farmers, holders of smaller farmsteads or cottagers. The data collected are based on the method of family reconstruction, which made it possible to carry out an in-depth examination of the background of individual widows as well as of the factors which influenced the widows' future. Results show that in deciding whether to remarry, widows were not determined only by economic or demographic circumstances (their age). Rather, the decision depended on specific life experience of each widow. One of the crucial factors was whether a widow was entitled to managing the farmstead of her late husband and also the number and age of children in the family. Young widows under 35 remarried in 88% of the cases, which was only natural since they did not have enough time to fulfil their maternal needs — 62% of women under 35 had either no child or only one when they became widowed. By contrast, the majority of older widows (61% of widows aged 35–50) decided to manage the farm by themselves, since by entering into a new marriage they would compromise the inheritance shares of their existing children.     

Women between a new marriage and an independent position: Rural widows in Bohemia in the first half of the nineteenth century

This article discusses the position of widowed rural women in early 19th-century Bohemia. It focuses on women who had been married to full peasant farmers, holders of smaller farmsteads or cottagers. The data collected are based on the method of family reconstruction, which made it possible to carry out an in-depth examination of the background of individual widows as well as of the factors which influenced the widows' future. Results show that in deciding whether to remarry, widows were not determined only by economic or demographic circumstances (their age). Rather, the decision depended on specific life experience of each widow. One of the crucial factors was whether a widow was entitled to managing the farmstead of her late husband and also the number and age of children in the family. Young widows under 35 remarried in 88% of the cases, which was only natural since they did not have enough time to fulfil their maternal needs — 62% of women under 35 had either no child or only one when they became widowed. By contrast, the majority of older widows (61% of widows aged 35–50) decided to manage the farm by themselves, since by entering into a new marriage they would compromise the inheritance shares of their existing children.     

合同无效时建设工程优先受偿权的教义学探析

由于对《合同法》第286条及相关司法解释的理解不同,司法实践中对合同无效时施工单位能否主张建设工程优先受偿权存在争议。作为对债权平等性的法定突破,建设工程优先受偿权必须具备充足的正当性基础;同时,出于对其他债权人利益衡平之考虑,必须严格限制可以优先受偿的债权的范围。合同无效体现了法律的否定性评价,相关司法解释不具有赋予特定情况下的无效施工合同以有效合同效果的正当性,因此产生的债权不应具有优先受偿之效力。     

Reconfiguring Law: An Ethnographic Perspective from Botswana

Using two marital disputes, this article examines women's experiences in bringing legal claims regarding family property in Botswana. It highlights the ways women draw on diverse economic and social resources available to them through their differing positions within gendered social networks that shape daily life and affect the ability to access and manipulate a legal system incorporating Tswana customary law and European law. The divergent discourses among women and between women and men document how the administrative and theoretical separation of legal systems does not extend to people's uses of the law in arranging their own lives. This analysis challenges the formalist model of legal pluralism by demonstrating that legal arguments are constructed from the gendered social and economic facts of individuals'lives that traverse the legal categories of European and customary law. It also contributes to feminist legal scholarship by explicitly marking the links among gender, power, and law.     

Women in older ages—“old” women?

Widows in contemporary and past societies are normally portrayed as passive individuals needing to be cared for by their children or relatives, the community, or the state. This article challenges this assumption by documenting the extent and range of the participation of widows in the labor market and the number of dependents for whom they were responsible. The introduction discusses the longstanding image of the widow and the attempts made to coerce widows to behave in accordance with the image. The reasons for the high degree of regulation and supervision, particularly of sexuality, are discussed. The image and associated regulations are then contrasted with the reality of the widows' struggle to survive. It is argued that many widows perceived their age and widowhood as less of a burden and more as a form of liberation from the social and economic constrictions of married life. As widows developed strategies to reorganize their lives, friendships with other women were often decisive.     

Becoming widowed: Rural widows in lower Austria, 1788–1848

This article discusses the characteristics of widowhood in early 19th-century Austria, focusing on the sources of economic support. Higher proportions of the widowed population were found in inmate than in tenant households, and more women than men were widowed. Widows were more likely to live on their own than adults in general were, indicating that many widows could support their households from their own resources. For 40% of the widows, however, familial support was available in the form of a coresident extended household. Tenant households with greater resources at their disposal were better able to offer this form of support than inmate households. Less than 1% of tenant widows lived alone. Longitudinal data were analyzed to determine the relative frequency with which tenant and inmate widows succeeded their late husbands as household heads, remarried, or retired to become the mothers or mothers-in-law of the new household heads.     

Becoming widowed

This article discusses the characteristics of widowhood in early 19th-century Austria, focusing on the sources of economic support. Higher proportions of the widowed population were found in inmate than in tenant households, and more women than men were widowed. Widows were more likely to live on their own than adults in general were, indicating that many widows could support their households from their own resources. For 40% of the widows, however, familial support was available in the form of a coresident extended household. Tenant households with greater resources at their disposal were better able to offer this form of support than inmate households. Less than 1% of tenant widows lived alone. Longitudinal data were analyzed to determine the relative frequency with which tenant and inmate widows succeeded their late husbands as household heads, remarried, or retired to become the mothers or mothers-in-law of the new household heads.     

Women,family, and small business in late nineteenth century Sweden

In Sweden, unmarried women and widows had a long historical tradition of involvement in the retail trades and in handicrafts. They supervised enterprises between the death of their husbands and another male heir, and poor women had the right to become hawkers or innkeepers. During the second half of the nineteenth century, the number of unmarried women increased, and the authorities wanted to open new trades in which women could earn their own living and not become an economic burden on local government. Given these new possibilities, women developed several different strategies, which can be seen in the three Swedish towns of Sundsvall, Härnösand, and Umeå when their business history of the later part of the nineteenth century is examined. Women's business involvements exhibit the older patterns of family survival, but now add motives having to do with status maintenance and emancipation.