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Morning-gift was a term defined in the framework of the legal instruments of marital law. As the instrument of morning-gift was a share in properties rightfully given to a lawfully married wife from the husband's wealth, the subjects of this instrument were mainly husbands and wives. Written, or contractual morning gift was a particular practice arising from practical reasons and then made part of legal practices by courts. When defining its term, we can accept the standpoint of Knorr, according to whom written morning gift was a contribution of assets promised to be given by one spouse or a third party to the other spouse according to a respective contract, as a consideration for proper marital conduct.1 As early as in Planum Tabulare, it was stated that "the lawful morning-gift is superseded by written morning-gift, thus the widow cannot claim both, as the provided assets of a man supersedes the provisions of the law".2 According to Szladits, the .husband may undertake contractual obligations with respect to his wife; a written morning-gift annuls the lower-ranked lawful morning-gift".3 However, in case the written morning-gift clause is void or ineffective due to any elements of the respective contract, the lawful morning-gift becomes effective again.4 Consequently, these two kinds of morning-gifts only had the provision not to exist simultaneously, in parallel, therefore could not be effected at the same time.5
Lallossevits called the written morning-gift as contracted morning-gift,6 and defined the its effectiveness to be valid as of the consummation of marriage.7
Based on this definition, this dual name can be acceptable. The two terms - written morning-gift, contractual morning-gift - were used by 19th century legislators and renowned practical legal professionals as synonyms, often using one for the other.
When investigating the circumstances of the establishment of contractual morning-gift, Schaurek admitted that the Tripartitum written by Werbőczy, there is no mentioning of written morning-gift, although it did exist in practice in the 16th century. Nevertheless, he pointed out that 'dos sripta' "it is the straight and logical enhancement, improvement of the lawful morning-gift, i.e. it is not contrary to but rather supplemental to the limitedness and deficiencies of the legal morning-gift."8
The subject of a written moming-gift could be any kind of property, i.e. money, movable or immovable...