Cecily Zamora
Salic Law in France has been used to exclude women from inheriting the throne. This law, which dates back to the time of Clovis (476-496), states that men inherit land and women can only inherit personal property. This law was invoked during the French royal succession crisis of 1328 to prevent any of the previous kings' daughters from inheriting the crown. While Salic Law did not apply to all areas of France, it did shape French Inheritance Law, which focuses on children as the natural and protected heirs to their parents' property and assets.
| Characteristics | Values |
|---|---|
| Name | Salic Law |
| Application | Exclusion of women from inheriting the throne of France |
| Basis | Legal code written for the Salian Franks at the time of Clovis (476-496) |
| Clause | Men inherited landed property, while women only inherited personal property |
| Author | Jean de Montreuil |
| Year | 1413 |
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What You'll Learn
Salic Law and the French throne
Salic Law, which was established in France in 1413, explicitly barred women from inheriting the French throne. The law was invoked in response to competing claims to the French crown by Edward III of England, who had a strong claim through direct descent. To counter this, French jurists looked back to a legal code written for the Salian Franks at the time of Clovis (476-496). This legal code was used to support the claims of the Valois, the branch of the royal family now claiming the throne.
A clause was added by Jean de Montreuil in 1413, distinguishing male from female inheritance. Men inherited landed property, while women could only inherit personal property. This clause was explicitly designed to exclude women from inheriting the French crown. The manipulation of Salic Law not only disbarred women from the throne but also created a long-lasting state of warfare between England and France.
It is important to note that Salic Law did not apply to all areas of France. For example, the Duchy of Brittany and the Kingdom of Navarre had different succession laws. In Brittany, Anne of Brittany inherited the land and title from her father, Francis II, in 1488. Similarly, the laws of Navarre allowed for the kingdom to be directly inherited or transmitted by heiresses on several occasions.
The use of Salic Law to exclude women from the French throne was not without controversy. During the succession crisis of 1328, jurists relied on the concept that women could only inherit personal property to prevent the crown from passing to a woman or through her to her children. However, there is no reliable evidence that Salic Law was mentioned during the complicated debates surrounding the French royal succession after the deaths of the last three Capetian kings between 1316 and 1328.
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French inheritance law today
French Inheritance Law establishes the manner in which an individual may dispose of their assets and property after death. This law applies to French residents and non-residents who own properties in France. The law focuses on children, who are considered the natural and protected heirs to the property and assets of their parents. Surviving spouses do not benefit from the same inheritance rights as children, except in cases where the individual takes measures to ensure the manner in which the assets are distributed. Under French Inheritance Law, part of an individual's property can be reserved for descendants, while the rest can be freely distributed.
In the absence of a will, the rules of inheritance will apply, meaning that all assets and properties will be distributed according to the provisions of French Inheritance Law. The surviving children and the spouse will share the assets, with the latter receiving 25% of the common goods and properties. If there are no surviving children or spouse, the line of succession starts with the parents, followed by siblings, nephews, nieces, grandparents, uncles and aunts, cousins, etc. If the deceased had children, the entire inheritance belongs to them (or their descendants if they have passed away). If the deceased had no children, the parents each receive half of the inheritance. If the deceased had no children but had siblings, the parents receive a quarter of the inheritance each, while the siblings receive the remaining half. If the deceased had no children, parents, or siblings, the inheritance is divided into two equal parts, one half for the maternal family and the other for the paternal family.
French Inheritance Law also allows for pre-inheritance contracts, where children can agree to give up or defer some or all of their inheritance in favour of other persons. Additionally, the law specifies that only married couples will be subject to asset distribution after a partner's death. In the case of civil unions or unmarried couples, the surviving spouse will not have the right to receive the assets or properties acquired during the relationship. However, a recent modification to the law states that survivors who were part of a civil partnership can live in the family home for up to one year.
It is important to note that foreign nationals living in an EU country can opt for the succession law of their country of nationality to apply upon their death, instead of the law of their country of residence. This must be stated in their will, otherwise French law applies by default.
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Inheritance law before the French Revolution
Before the French Revolution, inheritance laws in France were extremely complicated and diverse, varying according to social class, marital status, and other factors. The French Revolution brought about a simplified and egalitarian inheritance system, with the Napoleonic Code introducing reforms that respected these basic principles.
Under the pre-Revolutionary system, different rules applied depending on one's social status. For example, inheritance practices differed for aristocrats, commoners, serfs, members of the middle class, and clergy. The law also treated married and unmarried individuals differently. Married women, for instance, did not have the same inheritance rights as unmarried women. Any property brought into the marriage by the woman was considered the property of her husband, who could dispose of it as he wished. To protect their interests, women often stipulated in marriage contracts that upon their husband's death, the dowry property or an equivalent sum of money would revert to them.
The order of heirs was another important factor in determining inheritance rights. If a person died with children, their entire inheritance typically went to those children or their descendants. In the absence of children, the inheritance would be divided between the parents and siblings of the deceased, with the parents each receiving a quarter and the siblings getting the remaining half. If one parent had passed away, the surviving parent would receive three-quarters, and if both parents were deceased, the siblings would receive the entire sum.
The pre-Revolutionary inheritance laws also distinguished between movable and immovable property. Shares in the Banque de France, for instance, were considered real estate rather than movable goods for inheritance purposes. Additionally, unmarried women had full rights under the law, inheriting in the same manner as men. However, if an unmarried woman inherited property from her father and subsequently married, that property would become her husband's.
To avoid the division of property, particularly in cases where the property was a physical structure like a house, one inheritor might be given lifetime use of the property. In such cases, all proceeds from the property had to be divided among the other inheritors. This arrangement required unanimous consent among the inheritors for any sale of the property.
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The Code Napoléon
One of the key principles of the Code Napoléon regarding inheritance is the concept of "legal reservation" or "reserved heirs". This principle states that a portion of an individual's estate, known as the "reserve", is reserved specifically for their children or descendants, while the remaining portion, called the "quotité disponible", can be freely disposed of through a will or other testamentary disposition. This provision ensures that children are protected and receive a share of their parent's estate, even if the parent does not explicitly leave it to them in a will.
However, the Code Napoléon also includes provisions that discriminate against women when it comes to inheritance. One notable example is the application of Salic Law, which excluded women from inheriting the French throne. This law, which was added to the Code Napoléon in 1413 by Jean de Montreuil, specified that men inherited landed property, including the crown, while women could only inherit personal property. As a result, women were effectively barred from becoming monarchs in France, and the law was used to support the claims of male heirs over female heirs during royal succession debates.
In addition to the exclusion of women from inheriting the throne, the Code Napoléon also had provisions that affected the inheritance rights of women more generally. For example, in the case of married couples, the surviving spouse was not automatically entitled to inherit the entirety of their deceased spouse's estate, and their inheritance share could be limited by the presence of children or other relatives. While reforms have been made in recent years to improve the inheritance rights of surviving spouses, there is still a complex interplay between the rights of spouses, children, and other family members that can affect the ultimate distribution of an estate.
Despite the discriminatory provisions against women in the Code Napoléon, it is important to note that inheritance laws in France have evolved over time and no longer reflect the same level of gender inequality. Modern French inheritance laws, while still complex, provide more flexibility for individuals to dispose of their assets as they see fit through inheritance planning and will creation. Additionally, surviving spouses, regardless of gender, now have stronger inheritance rights and are recognised as genuine heirs, although their inheritance share may still be impacted by the presence of children or other reserved heirs.
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Succession laws and propaganda
Salic Law, a legal code written for the Salian Franks during the reign of Clovis (476-496), was used as propaganda to exclude women from inheriting the French throne. In 1328, French jurists used the concept that women could only inherit personal property to prevent the crown from passing to a woman and her children. This was to defend the rights of the Valois against the claims of Edward III of England.
In 1413, Jean de Montreuil, a French humanist, wrote a dissertation titled "Treaty Against the English", which clarified that men inherited land and women could only inherit personal property. This became a fundamental principle of French law, excluding women from the throne. However, this law did not apply to all areas of France, such as the Duchy of Brittany and the Kingdom of Navarre, where women inherited titles and land.
French Inheritance Law, which governs succession, focuses on children as the natural and protected heirs to their parents' property and assets. In the absence of children, the surviving spouse may inherit, but they are not automatically entitled to the entire estate. Their inheritance rights have improved since reforms in 2002, and they can now inherit up to half of the estate. Additionally, they have the right of use and residence in the main residence for one year after their spouse's death.
To modify the order of heirs, individuals can create a will, choosing their legatees and directing the distribution of their assets. This allows them to pass on their inheritance to people of their choice if they have no children and are unmarried. However, if there are children, they cannot be disowned, and the surviving spouse cannot be disowned if the deceased was married without children.
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Frequently asked questions
Salic Law, which was established in the 15th century, prevented women from inheriting the French throne.
Salic Law was a legal code written for the Salian Franks at the time of Clovis (476-496).
Salic Law disbarred women from inheriting the French throne and created a long-lasting state of warfare between England and France.
No, Salic Law did not apply to the Duchy of Brittany or the Kingdom of Navarre.
French jurists insisted that the crown could not be alienated from France by descent through the female line.
