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Finally, German law had a peculiar institution (derived from Lombard law) called "morganatic marriage." This was a marriage in which, by virtue of the contract itself, the claims of the spouse and offspring were limited in certain ways.This institution was unique to German law (as far as I know, it was unknown in French, Spanish, English, Scandinavian, Austrian, or Russian law).The approach I take is legal-historical: I want to understand these concepts as legal concepts in their historical context. The rest of this introduction provides the context for unequal marriages in European dynasties and in German society.I then provide and analyze definitions of these concepts (1), and describe their joint history (2).To understand what "unequal marriage" might mean, some notions about class distinctions in Germany are necessary.German society, like others shaped by feudalism, was divided in states or estates (Standen).It was part of what came to be known as Privatfürstenrecht, the private law of princes; a body of law that was heterogeneous and hybrid: in-between private and public, based on individuals acts, group practice, and court rulings.
They represent an important aspect of dynastic and succession laws in German dynasties.Members of each state had distinct rights and obligations, privileges and restrictions.A person's state could be changed; in particular, the Emperor had the power of raising one's state (Standeserhöhung).Early examples include the Royal Marriages Act in Britain (1772), the Pragmatic Sanction in Spain (Mar 23, 1776), the Regie Patenti in the kingdom of Sardinia (Sep 7, 1780 and Jul 16, 1782), the French imperial family statute (1806), the Russian Pauline laws (1820), etc.The rules varied in their requirements and in their effects, making contravening marriages either null or else imperfect.
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One direct approach was to introduce primogeniture, the rule that everything went to the eldest born; but few (aside from Brandenburg in the late 15th c.) were successful, at least early enough.