The legal implications of the banchomarbae

Abstract

The general rule regarding women and property in early Irish law is that a woman is not allowed to own or deal with land except for her obligations through marriage. However, if a man died in default of sons, his daughter was entitled to a life-interest in the land, and was considered the rightful owner of this land until she died. The legal situation of the banchomarbae, 'female heir', was therefore quite different from a woman's normal legal situation. This article offers a detailed analysis of the legal implications of a woman being considered the rightful owner of land, and how this would affect her legal standing and contractual capacity in early Irish society

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