General Civil Code (Liechtenstein)

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Basic data
Title: General Civil Code of June 1, 1811
Short title: General Civil Code
Abbreviation: ABGB
Type: Law (Liechtenstein)
Scope: Liechtenstein
Legal matter: civil right
Issued on: June 1, 1811
Entry into force on: January 1, 1812
Last change by: LGBl. 138/2007
Please note the note on the applicable legal version.

The Liechtenstein General Civil Code ( ABGB ) was originally taken over in its entirety from Austria ( ABGB ).

development

Natural law tradition

The Liechtenstein (or Austrian) ABGB of 1811 is, along with the French Civil Code, the oldest civil law codification still in force, characterized by rational law ( natural law ).

introduction

The ABGB was introduced and put into effect on February 18, 1812 under the reign of Johann I Josef von Liechtenstein. The ABGB was not introduced in a legal act in Liechtenstein. Sections 531 to 824 (on inheritance law) were only adopted in Liechtenstein with the Princely Ordinance of April 6, 1846 regarding the introduction of Sections 531 to 824 ABGB.

The property law of the ABGB originally adopted in 1812 (Sections 285 to 530 ABGB) was replaced in 1923 by the extensive adoption of property law from the Swiss Civil Code and regulated in a separate code of law (SR).

Changes

As in Austria (öABGB), the text of the ABGB in Liechtenstein was hardly interfered with in the first hundred years. Only when property law was removed from the ABGB and its own property law (SR) was issued in 1923 was the codification significantly interfered with. Liechtenstein only adopted the three partial amendments to the ABGB from 1914, 1915 and 1916 (Austria) much later and only partially. However, due to the extensive introduction of Swiss property law from the Civil Code, an adaptation to the German Civil Code of 1896 was partially made. Far-reaching reforms of the ABGB did not take place again until the 1970s.

New Codification Efforts

At the beginning of the 20th century, efforts were made to replace the Liechtenstein General Civil Code and other regulations adopted from Austria with new codifications. These new codifications should largely take place by adopting Swiss provisions from the Civil Code. In addition, property law was codified in 1923 and personal and company law in 1926 . Both codes should be part of the Liechtenstein Civil Code to be created.

" The project of a Liechtenstein civil code has so far not been completed after property law, personal and company law in the 20s and marriage law in the 90s of the last century and newly implemented in separate statutes "

Classification of the ABGB

The classification follows the institutional system :

The Liechtenstein General Civil Code and the Austrian General Civil Code also understand property law in today's sense, inheritance law and the law of obligations under “property law”. Both Liechtenstein and Austrian jurisprudence see this classification as historical and teach civil law largely regardless of the pandemic system .

Legal text

The current legal text of the ABGB (and the entire applicable Liechtenstein national law) can be found in LILEX, the Liechtenstein collection of laws (see web links ).

As far as the provisions of the ABGB still exist in the original version from 1811, it is important to observe the historical usage in the interpretation (e.g. "Satisfaction" = compensation). However, in contrast to the Austrian ABGB, the Liechtenstein ABGB has been largely adapted to modern linguistic usage in the last few decades.

Due to the fact that many provisions of the ABGB match the Austrian ABGB, the comments on the ABGB from Austria and the Austrian supreme court case law are of great importance. This is especially true because there has not yet been a comprehensive commentary on the ABGB itself in Liechtenstein. With regard to the labor law provisions adopted and implemented from Switzerland (§ 1173a, Art 1 to 113 ABGB), Swiss doctrine and case law are also used to interpret the ABGB.

References for deepening

Web links

Sources and References

  1. ↑ To differentiate in practice, where necessary, the Liechtenstein ABGB is often referred to as flABGB or FL-ABGB and the Austrian ABGB as öABGB. In this context, the Liechtenstein Civil Code as is on this page Civil Code and the Austrian Civil Code as öABGB referred
  2. ↑ Inheritance Law Patent No. 3.877
  3. ↑ Vgfl. In addition LGBl. 4/1923. See also Antonius Opilio , Working Commentary on Liechtenstein Property Law, Volume I, EDITION EUROPA Verlag , 2009, p. 39 ff.
  4. ^ Antonius Opilio, Working Commentary on Liechtenstein Property Law , Volume I, S 39, EDITION EUROPA Verlag, 2009, ISBN 978-3-901924-23-1 . See also the note in Art. 7 Para. 3 SchlT SR on the continued validity of the ABGB with regard to the calculation of deadlines for the acquisition " until the revision of the law of general obligations ". In this Civil Code, Liechtenstein property law should form the first part, the law of obligations the second part, family law the fourth part and inheritance law the fifth part. The General Civil Code ( ABGB ) and the General German Commercial Code (ADHGB) of the German Confederation , largely adopted from Austria, are still in force in Liechtenstein.