Equal but not identical. Modes of partible inheritance in early-modern Schlanders (South Tyrol) and medieval Lambach (Upper Austria) compared

Abstract

After centuries of discussion about inheritance models and their advantages and disadvantages, it is now generally accepted that the traditional dichotomy of partible and impartible inheritance cannot represent the existing spectrum of inheritance practices and their effects. This article analyses two regions with partible inheritance to illustrate the range of ways in which this inheritance practice could be realised and how different the potential consequences could be as a result. Early modern Schlanders is contrasted with medieval Lambach to examine differences in legal basis, practical implementation, but also in the basic concept of equality between heirs. The example of Schlanders shows how even in a region declared as partible inheritance many logics traditionally associated with impartible inheritance can exist. Lambach, in turn, illustrates how even in the case of widespread division of land, effects such as fragmentation could be counteracted. The analysis makes it possible to identify factors that can have a particularly strong impact on the economic, but also social consequences of this inheritance practice. These are to be found both in the way the inheritance is divided and in other institutional factors, especially the matrimonial property regime. The results of the analysis underline that the inheritance practice of a region should neither be viewed through the lens of traditional schemes nor isolated from local socio-economic conditions.