Hukum Sali: Perbedaan antara revisi
Konten dihapus Konten ditambahkan
Baris 96:
Sejauh yang dapat dipastikan, Hukum Sali tidak secara eksplisit disebutkan pada 1316 maupun pada 1328.<!-- It had been forgotten in the feudal era, and the assertion that the French crown can only be transmitted to and through males made it unique and exalted in the eyes of the French. Jurists later resurrected the long-defunct Salic law and reinterpreted it to justify the line of succession arrived at in the cases of 1316 and 1328 by forbidding not only inheritance by a woman but also inheritance through a female line (''In terram Salicam mulieres ne succedant'').
In its origin, therefore, asas agnatis terbatas bagi suksesi takhta Kerajaan Perancis. Sebelum wangsa Valois memerintah, raja-raja wangsa Capet menganugerahkan apanase kepada putra-putra mereka selain putra tertua dan adik-adik laki-laki mereka, yang kemudian dapat diwarisi oleh keturunan mereka, laki-laki maupun perempuan. But the appanages given to the Valois princes, in imitation of the succession law of the monarchy that gave them, limited their transmission to males. Another Capetian lineage, the [[Montfort of Brittany]], claimed male succession in the Duchy of Brittany. In this they were supported by the King of England, while their rivals who claimed the traditional female succession in Brittany were supported by the King of France. The Montforts eventually won the duchy by warfare,
This law was by no means intended to cover all matters of inheritance — for example, not the inheritance of movables – only those lands considered "Salic" — and there is still debate as to the legal definition of this word, although it is generally accepted to refer to lands in the royal [[fisc]]. Only several hundred years later, under the [[House of Capet|Direct Capetian]] kings of [[France]] and their English contemporaries who held lands in France, did Salic law become a rationale for enforcing or debating succession. By then it was somewhat anachronistic — there were no Salic lands, since the Salian monarchy and its lands had originally emerged in what is now the [[Netherlands]].
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