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«Если бы Наш брат хоть на день пережил бы Нашего отца...»: конфликт двух систем престолонаследия в Кастилии конца XIII в. и принципы организации общества
The chapter describes the problems of succession to the throne in medieval Castile. The basis for the study was the situation that developed around the throne after the death of King Alfonso X the Wise (1252-1284). As is known, the king abdicated his son, the future king Sancho IV, appointing his grandchildren - the sons of his firstborn, Fernando de la Cerda, who died during his father's lifetime in 1275, as his heirs. In the text of the chapter, its author examines the twists and turns of succession to the throne and the ascension of Sancho IV, noting the fundamental role of political propaganda used by the king to justify the legitimacy of his reign. At the same time, the author places the problem of succession to the throne in the Kingdom of Castile in the context of legal norms regulating private succession mortis causa. A common feature of the Castilian succession law was the absence of the so-called Salic law, which is a rule prohibiting women from inheriting land. In Castile, women retained the right to accept inheritance, including real estate, both in the private and public spheres. Otherwise, as the author notes, the rules of succession to the throne differed quite significantly from the rules of private succession, primarily because the principle of majorat was in effect in succession to the throne, according to which all inheritance went to the eldest son and his children. In contrast, the private law conserved the norm, which fixed the equal right of all heirs, regardless of gender, to their share in the total inheritance.
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