PROPERTY LAW AND SPECIFICS OF INHERITANCE IN A TRADITIONAL OSSETIAN SOCIETY: THE GENDER ASPECT
DOI:
https://doi.org/10.32653/CH154734-741Keywords:
traditional society, customary law, inheritance law, gender, marriage and family relations.Abstract
The paper is a historical-anthropological research of specifics of traditional property right among the Ossetians, in particular, of its gender aspect. The author subjects to scientific analysis women’s property rights to types of family property, as well as their property rights during marriage and divorce. The issue of inheritance of property of a widow is also being considered. The relevance of the study is predetermined by the relevance of research on the legal culture of each nation, its transformations and impact on the contemporary ethnic appearance.
The study covers the period from the end of the 18th to the beginning of the 19th century; it was during this period that the inheritance order still acted as an institution of customary law in accordance with the traditional norms of customary law of Ossetians with all its inherent features, including property and legal regulation. And at the same time, the innovations of Russian legislation were already coming into effect.
The purpose of this study is to analyze property law exercised within the framework of the traditional Ossetian family. The study uses methods based on the principles of scientific objectivity, systematics and historicism. The main approach is an interdisciplinary one, including the methods that have developed in ethnology and history, with a wide involvement of source and literary material, which allows for a more detailed reconstruction of the family culture. The analysis of events and phenomena is carried out in the context of the historical time of the socio-economic and cultural development of Ossetian society.
New archive materials are being introduced to the scientific community. For the most part these are court cases on the distribution of property, which clearly present ways of resolving family conflicts in matters of inheritance. Ethnographic material presented in the article describes the property aspects of family-marriage relations: the amount of the kalym, the content of the dowry, and the property rights of the female part of the family. The author has studied the transformation processes in matters of inheritance, the legalization of women's property rights during the implementation of Russian legislation in the region. It is concluded that during the indicated period the regulation procedure based on customary law prevailed in matters of the division of family property.
The research findings also provide an opportunity for an in-depth study of gender in traditional legal culture.
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