Povijesni prilozi, Vol. 45 No. 70, 2026.
Original scientific paper
https://doi.org/10.22586/pp.v45i70.cxydtm98
Property-Law Relations of Serfs to Land: Maria Theresa’s Urbarial Records from the Varaždin County
Vida Pavliček
Abstract
The paper presents the property-law relations of serfs to land in the Varaždin County and parts of the Križevci County in the second half of the 18th century, as well as in earlier periods. It has been observed that even in the feudal period, in the case of serfs, the concept of possession must be distinguished from the concept of ownership. Based on an analysis of Croatian-Hungarian private law, the concepts of dominium as ownership and possessio as possession are presented in greater detail. Attention is drawn to the fact that the possessory rights of serfs can be found indirectly in certain provisions of the fundamental legal norm of the time, popularly known as the Tripartitum. These rights are illustrated through older urbarial documents valid for entire communities and through previously concluded individual contracts. The latter also point to numerous pre-existing customary norms related to possessory rights. Possessory rights are presented in greater detail in Maria Theresa’s Croatian Urbarium and other implementing urbarial documents from the second half of the 18th century created for the mentioned area. The paper presents the differences in the possessory rights of serfs concerning urbarial land and censual land, as well as the differences between the possessory rights of serfs before and after Maria Theresa’s urbarial reforms. In both cases, the focus is on what it meant to possess land, the obligations arising from possessory rights, family possessory rights, inheritance of possessory rights, transactions involving possessory rights, and other related matters.
Keywords
Varaždin County; urbarial records; eighteenth century; possessory rights; transactions involving possessory rights
Hrčak ID:
349450
URI
Publication date:
15.7.2026.
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