Marriage contract no. 174: Portugal - Österreich

  • Date of contract conclusion: 24. November 1708
  • Place of contract conclusion: Wien

Groom

  • Name: Johannes V. (João), König von Portugal
  • GND: 119362341
  • Year of Birth: 1689
  • Year of Death: 1750
  • Dynasty: Braganza
  • Confession: Katholisch

Bride

  • Name: Maria Anna von Österreich
  • GND: 119360691
  • Year of Birth: 1683
  • Year of Death: 1754
  • Dynasty: Habsburg (Österreich)
  • Confession: Katholisch

Actors of the Groom

  • Name: Johannes V. (João), König von Portugal
  • GND: 119362341
  • Dynasty: Braganza
  • Relationship: /

Actors of the Bride

  • Name: Joseph I., Kaiser
  • GND: 118558390
  • Dynasty: Habsburg (Österreich)
  • Relationship: Bruder

Contract content

Preamble: Negotiators and procurators appointed; marriage for the honour of God, expansion of the Catholic faith, perpetual peace between Austria and Portugal with Pope’s dispensation

Article 1: Dowry and payment regulated

Article 2: Donatio propter nuptias regulated: like for the marriage of Philip IV of Spain to Maria Anna of Austria

Article 3: Maria Anna’s legal status as Queen of Portugal regulated

Article 4: Investment of the dowry in Portugal regulated

Article 5: Dowager’s livelihood on death of the king without children: if widow remains in Portugal, right to dowry, movables, gains during marriage not owned by the crown; usufruct of lands, revenues, privileges, court as during the king’s lifetime

Article 6: Dowager’s livelihood on the death of the king without children: if widow returns to Germany, return of dowry and one third of the investment gains, taking with her the movables not owned by the crown; as long as dowry, investment gains not paid out: usufruct of lands, income, privileges, court

Article 7: Dowager’s livelihood on the death of the King with children: if widow returns to Germany, payment of one third of the dowry and investment profits, usufruct of the share of property acquired during marriage that is not owned by the Crown, proportionate transfer of movables

Article 8: dowager’s livelihood on death of king with children: if widow remains in Portugal, usufruct of lands, revenues, privileges, court; right of possession of dowry, investment gains, estates, etc.

Article 9: In the event of the Queen’s death without children: right of inheritance to the estate regulated

Article 10: If the Queen dies and has children: proportionate inheritance rights to the estate regulated, in accordance with Portuguese law

Article 11: Maria Anna’s renunciation of inheritance in Austrian hereditary lands regulated against compensation

Article 12: furnishsings and voyage of Maria Anna to her husband´s court regulated via British ships

Articles 13-14: Compliance and ratification assured, powers of procuration for portuguese negotiators inserted

Regulations on inheritance law

Article 9: In the event of the Queen’s death without children: right of inheritance to the estate regulated

External authorities involved

Preamble: Pope’s dispensation mentioned

Ratifications, confirmations, approvals

Articles 13-14: Compliance and ratification assured, powers of procuration for portuguese negotiators inserted

Further contracts between contracting parties

Defensive alliance of Lisbon 1703.05.16 together with Spain, Great Britain, Netherlands

Commentary

original contract not divided into articles

References

  • Print reference: CTS 26, S. 188-193
  • Contract language print: Latin