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definition of salic law

In some periods of the history of France and Spain, women have been marginalized when it comes to accessing the throne of the nation. This prohibition in dynastic succession also extended to the descendants of women. The legal norm that was applied was the well-known Salic Law. This law also played a leading role in other countries on the European continent, such as Sweden, Hungary and Poland.

The remote origin of the Salic Law

The name of this law dates back to the 5th century, when the Salic Franks who occupied the current territory of France imposed the Lex Salica. Originally, this law included all kinds of legal aspects (for example, on inheritance rights or penalties for certain crimes).

However, the Lex Salic of the Salian Franks is known to grant privileges to males in succession to the crown. The legal rule that excluded women was applied in France for 400 years and did not produce any inheritance problems because there were always male children in the line of succession.

From the 10th century on, the law was no longer applied, but in the 14th century it was imposed again when Philip IV of France reincorporated it as he had no male offspring and considered that the crown could end up in the hands of the Queen of England.

The Salic Law in France was in force until the triumph of the ideals of the French Revolution and the consequent disappearance of the monarchy.

The Salic Law in Spain and its relationship with the Carlist wars

The Spanish King Felipe V was the initiator of the Bourbon dynasty of French origin in Spain. In 1713 he imposed the Salic Law and in this way the infantas could only access the throne of Spain if there were no male heirs in the order of succession to the crown. This measure was not well received by an important part of the people, since they had a good memory of the role of some queens in the history of Spain. In this way, the Salic Law approved by Felipe V did not totally exclude women but gave pre-eminence to men.

In 1823 King Fernando Vll abolished the Salic Law and for this reason his daughter Isabel was named Queen of Spain. This situation was not accepted by Carlos, the brother of Fernando VII. The two opposing positions acted as a trigger for the so-called Carlist wars, three civil wars that took place throughout the 19th century.

In the Spanish Constitution in force there are rules in relation to the succession of the crown. According to these rules, the man has preference over the woman to access the throne of Spain. Consequently, the Salic Law does not currently govern in a strict sense, since women can reign.

Photo: Fotolia - Virginievanos

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