Recess

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Recess (formerly also Receß, recess from Latin recedere = to move apart, to withdraw , Latin recessus = to resign) is an obsolete expression for a comparison under national or local law .

Content

A recess is a legal term for a dispute or comparison about contentious relationships. In administrative law, recesses are legal agreements which, with the help of the state, represent contracts that form objective legal norms. They are binding for all parties involved. Examples are:

  1. School recession: Agreement by municipalities on the financing and / or maintenance of schools
  2. Road construction process: Agreement on the binding distribution of road construction loads
  3. Mining processes
  4. Frontier recesses

In a recess local legal regulations could on about commons or Huder Real are taken. The classification of the old regulations in the current legal system often causes difficulties.

The recess is mentioned, among other things, in the Prussian Edict of 1811 with regard to the dispute between farmers and landlords over the right of the peasants to own the places managed for the landlord as one of the possibilities of settlement (by contract or recess) .

The recess also (historically) represents the conclusion of a treaty. For example, the Altranstädter Convention of September 1, 1707 was brought to an end with the so-called Wroclaw Executionary Recess of February 8, 1709. In this convention the evangelicals (only of the Augsburg confession ) in Silesia were allowed to practice their religion. In the Wroclaw Executive Recess, both parties - the Imperial (Catholics) and Swedes (Protestants) - found that the Convention had been carried out (executed). Both sides signed a corresponding document.

Community process / example from 1851

The handwritten review of a place in Lower Saxony “about the special division of meanness” deals with the “lifting of the protection of meadows and arable land as well as exchange, rsp. Consolidation of the plots in various fields and meadows in front of " (location) . The application for this recess came from the monastery chamber and aimed:
“1. the division of meanness before " (location)
" 2. the Purification (adjustment) of the local Klosterforst "
" 3. the coupling or amalgamation of the monastic properties ”.
A certificate of division was issued for this "to avoid future errors and disputes and to ensure the rights and obligations of every interested party".

Hereditary process

The inheritance trial was a special form of a recess in which the heirs reached a settlement on the distribution of the estate after the inheritance occurred . The certificate of the court , which expressed this agreement was designated Erbrezess. If minors were involved in the settlement, in certain legal systems a guardianship court had to confirm the completed hereditary process. The term is no longer in use today.

liturgy

The recess or recess (lat. Recessus , "going back", "way back") is here the exodus of the clergy and acolytes into the sacristy after the end of the service . In a broader sense, Rezess in the extraordinary form of the Roman rite also describes the thanksgiving that the priest makes on the way to the sacristy or there himself: the hymn of praise of the three young men in the fiery furnace ( Dan 3.57-90  EU ) as a canticum with an antiphon , the Psalm 150 , some vesicles and three orations . Often other prayers were added to the actual recess. Pope John XXIII 1960 added the thanksgiving prayer Credo Domine . The reorganization of the liturgy after the Second Vatican Council in 1970 included the prayers of thanks in the form of the communion song and the thanksgiving song in the celebration of mass.

literature

  • François Amiot: History of St. Mass (= The Christian in the world. An encyclopedia. IX. Series: The Liturgy of the Church, Vol. 3). 2nd Edition. Aschaffenburg undated [1962], p. 131.
  • Rupert Berger : Small liturgical dictionary. Freiburg 1969, p. 383.
  • Andreas Heinz : Prayers before and after Holy Mass from the Roman Missal . Paulinus, Trier 2014, esp. Pp. 50–61.
  • Wilhelm Lurz: Art. Recess , in: LThK , 2nd edition, vol. 8. Freiburg 1963, col. 1273.

See also

Individual evidence

  1. Lexicon A – Z in two volumes, second volume L – Z. Encyclopedia Volkseigener Verlag, Leipzig 1957, p. 473.
  2. The Volks-Brockhaus. Tenth edition. FA Brockhaus, Leipzig 1943, p. 579.
  3. Jedermanns Lexikon in ten volumes, eighth volume. Hermann Klemm AG, Berlin-Grunewald 1930, p. 125.
  4. ^ Norbert Conrads: The implementation of the Altranstädter Convention in Silesia 1707–1709 . In: Research and sources on the church and cultural history of East Germany 8 . Böhlau, Cologne / Vienna 1971.
  5. ^ Official Journal of the Royal Government of Magdeburg. Magdeburg 1847, p. 239.
  6. ^ Andreas Heinz : Recess . In: Walter Kasper (Ed.): Lexicon for Theology and Church . 3. Edition. tape 8 . Herder, Freiburg im Breisgau 1999, Sp. 1154 .