Napoleon Series Archive 2008

Re: Military/International Law in the Nap. Period

"An interesting point also is whether Ferdinand had the right to sign away the rights of his family, normally when a monarch abdicates the next-in-line takes over. By coincidence I have just been reading the statement of the French conseil d'etat of 1815, which stated specifically that Napoleon in abdicating could not sacrifice the rights of his son to inherit. This was clearly a recognised principle (recognised when convenient).
"

Susan,

Quite right. The heirs may claim rights; and the laws of inheritance will support them - or not. It is remotely like dieing without a will and dieing with a will. Abdication might be called 'becoming dead' without dieing. So the instrument of abdication has to be read with some care as it is like a will put into effect before death. Wills are subject to the restrictions of law applicable to stuff disposed of - generally.

You are very correct about the "next-in-line" having a strong claim. However, in the twisted, looping, and intertwined relationships of the royal houses of Europe, the person in that position might not be crystal clear.

I do not pretend by these comments to have any idea of the next in line after Ferdinand. I would simply point out that I think it would not be the "family" that had a claim; but rather one, two or perhaps more individuals with family connections. The more obscure the genealogy, the weaker the claim.

Regards, BaldJim

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Military/International Law in the Nap. Period
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De Jure Government
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Carlos, Ferdinand and Napoleon
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Regency Council of Portugal 1807-14
An online source for the regency council
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Regency Council, foreign and domestic policy
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The Sousa (Coutinho) Brothers
Thank you Jorge, much appreciated *NM*
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What Spanish authorities do you have for this?
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Which work by Connelly?
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See final para in post above: Carlos ..... :D *NM*
Thanks for the useful summary *NM*
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Constructing Strawmen and Demons
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Strawmen, Demons and Red Herrings
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Re: Constructing Strawmen and Demons
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Wars of succession? Surely not? :D *NM*
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Porto de Mos in 1811 *LINK*
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Re: Porto de Mos in 1811 *LINK*
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Guingret and the 'Anguish of Necessity'
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Just posted some excerpts from Pelet *NM*
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Do you want some more British diarist acounts? *NM*
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Horward Twin Sieges
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Portugal 1811 - Crimes against Humanity
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The validity of the Anglo-Portuguese position
The views of Montbrun and Alorna
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Alorna *NM* *PIC*
Re: Alorna
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Views of the attacker *LINK*
Acts of the attacker: rights of the people?
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Anglo-Portuguese position
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