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Francois R. Velde  
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 More options Feb 11 2003, 9:57 am
Newsgroups: alt.talk.royalty
From: Francois R. Velde <ve...@heraldicanospam.invalid>
Date: Tue, 11 Feb 2003 08:56:58 -0600
Local: Tues, Feb 11 2003 9:56 am
Subject: Re: Luxembourg record
In medio alt.talk.royalty aperuit henk.gosli...@si.shell.com (Henk Goslings) os
suum:

>henk.gosli...@si.shell.com (Henk Goslings) wrote in message <news:48c49fa5.0301181610.2647362a@posting.google.com>...
>> hoels...@hotmail.com (Dag T. Hoelseth) wrote in message

>> > > Correct and until 1907 Luxembourg was Salic when GD William changed
>> > > the succession rules as last male dynast for his daughter Adelaide to
>> > > succeed.

>> > Incorrect. The Erbverein was semi-Salic from the start. What happened
>> > in 1907 was that it was confirmed that another line of the
>> > Nassau-Weilburg had lost succession rights because of morganatic
>> > marriage (don't remember his name right now).

>> Well, the main concept of the Erbverrein was that if either the
>> Ottonian or Walramian male line would get extinct the other line would
>> succeed (in the german fiefs). But you are correct that it also
>> arranged for that in the absence of all male successors females could
>> succeed. Indeed, the claim by the counts of Merenburg was declined.

>On reflection, I think the succession laws were changed in 1907.
>Indeed it was semi-salic before but only in a limited form. The
>hereditary princess could only pass on name, title and arms to her
>husband, and thus her male offspring could succeed. The 1907 change
>meant that Adelaide could succeed in her own right.

That's not quite correct.  The Erbverein of 1783 provided that, in the
extinction of all male lines, the closest female offspring to the last male
inherited everything; it said nothing about her husband.  It also said nothing
about what happened after her: did semi-salic law apply again? or about what
happened if her own issue died out.  

This deficiency was remedied by the change in the house law of April 1907, given
force of law by the legislature in July 1907.  It says that the then-reigning
grand-duke's eldest daughter is called to the throne (as she is by the Erbverein
of 1783) and after her her issue in male line from marriages abiding the family
house laws, by order of primogeniture; in default thereof the grand-duke's other
daughters in similar fashion.

Thus the current law of succession in Luxemburg is not semi-salic, but rather
follows a special order among male lines issued from Guillaume IV's daughters.

What is bizarre is that, if one reads the constitution of Luxemburg, it states
that the crown is hereditary in the house of Nassau according to the pact of
1783, the treaty of Vienna of 1815, and the treaty of London of 1867.  But these
treaties, as far as the succession goes, are spent: they last applied in 1912,
and have nothing to say about anything that happened after the accession of
Marie-Adélaïde.  The present law of succession is effectively the law of July
1907, which was never passed as an amendment to the Constitution, as it should
have (since it amends the constitutionally founded law of succession).
Moreover, it reserves for the grand-duke the right to unilaterally amend the
house laws, and it appears that the previous grand-duke has done so at least
twice, without publicizing the changes.  Thus the grand-duke can in effect
change the succession law, i.e., amend article 3 of the constitution, as he
pleases, completely by-passing the amendment procedures outlined in article 114.

See the texts at http://www.heraldica.org/topics/royalty/nassau.htm

--
        François Velde  
        ve...@nospam.org (replace by "heraldica")
        Heraldry Site: http://www.heraldica.org/


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