Instruments for Preserving the Unity of (Family) Property: A Report From Austria

Kohl, Gerald (2026) Instruments for Preserving the Unity of (Family) Property: A Report From Austria. In: Instruments for Preserving the Unity of Family Business and Agricultural Assets: Perspectives of Legal History. Legal Heritage . Central European Academic Publishing, Budapest, Miskolc, pp. 49-75. ISBN 978-615-7027-30-5

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Abstract

The desire to protect (family) assets from fragmentation is timeless and can be found in all social classes; motives and methods vary. Focusing on Austria, the paper provides an overview, ranging from the peasant inheritance laws and the old agrarian communities to the early modern entailed estates (fideikommiss) and 19th-century family foundations; additionally, it addresses private foundations that emerged at the turn of the millennium – thus making visible the various interrelated factors. The overview will also show that the target can be reached by means of customary law, statutory regulations and contractual agreements based on private autonomy.

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