The Private Law of the Principality of Transylvania (1540−1690)

In the period between AD 1540 and 1690, Transylvania enjoyed a high degree of independence in conducting its internal and also, at times, external affairs. This led to the divergence of Transylvanian private law from that of the Kingdom of Hungary, the sovereignty of which ceased in the sense of international law following the defeat at the Battle of Mohács. This divergent development is examined in the present study from the perspective of private law along with the later convergence of legal norms to those of the Habsburg Monarchy during the latter half of the 17th century. The sources of private law as well as private law norms governing the status of persons, immovable and movable property, obligations, and inheritance are examined in detail for this period. The specific laws applicable to the Szekler, Saxon, and Romanian inhabitants of Transylvania are also presented.