Civil death
The civil death ( French mort civile ) means the loss of personal legal capacity .
Legal history
Civil death was already a consequence of the capitis deminutio maxima in Roman law , the loss of personal freedom in the event of imprisonment or as a secondary consequence in capital crimes . Even the common law knew a direct destruction of personality (consumtio famae) in the unrest as a result of the top eight .
The person punished in this way lived on physically, but his death was legally faked and he was thus eliminated as a natural person . In addition to the loss of all property and the annulment of an existing marriage, this also included the loss of legal capacity . When returning from captivity, the Postliminium or Ius postliminii restored the old legal status of the returnees.
The Napoleonic legislation drew on this legal tradition and has been taken up in other European countries.
Both the French Civil Code of 1804 (Art. 22 f.) And z. B. the Bavarian penal code of 1813 provided for civil death to be imposed. The regulation of the Code Civil was repealed by law in 1854. In Germany, civil death was abolished by the constitutions that were drawn up in the wake of the March Revolution of 1848, such as Article 9 of the Prussian Constitution of December 5, 1848 or Section 135 of the Paulskirche constitution of March 28, 1849.
National Socialism
Since the Nuremberg Laws of 1935, the legal status of Jewish citizens in the time of National Socialism was called "civil death". In about 1936, the Reichsgericht enabled UFA to terminate a contract with the Jewish director Eric Charell , although the contract only provided for termination if Charell was "unable to carry out directing due to illness, death or a similar reason." According to the decision of the Imperial Court of Justice, the quality of being Jewish corresponded to Charell's death.
With the Eleventh Ordinance to the Reich Citizenship Act of 1941, Jewish Germans lost their citizenship and the civil rights associated with it under the Weimar Constitution when they were deported from the Reich . Numerous other people were also expatriated for ideological reasons .
present
In Germany, which was disenfranchisement because of the associated impairment in the capacity often unofficially as "civil death" although she was not connected to a deprivation of legal capacity per se and came from the idea in the interest of the incompetent person. On January 1, 1992, incapacitation was replaced by the legal institution of care .
As a result of a conviction for a crime to a term of imprisonment of at least one year, the convicted person loses certain civil rights , in particular the capacity to act, for a period of five years . In addition, the court can revoke the right to vote and vote for a period of two to five years ( Section 45 StGB).
If certain basic rights are abused to fight against the free and democratic basic order , the Federal Constitutional Court can, upon application by the Bundestag , the federal government or a state government, pronounce the forfeiture of these basic rights and their extent ( Art. 18 GG, § 13 No. 1, § § 36 ff. BVerfGG ). Legal persons can be dissolved. In the Federal Republic of Germany there have been several applications so far, but no decision that has been approved.
With the taking of the religious vows (vota solemnia) and the resulting acceptance into a monastery, there are certain legal consequences for the novice's ability to earn, possess and marry until the present day .
Individual evidence
- ↑ Civil death. Meyers Großes Konversations-Lexikon, Volume 3. Leipzig 1905, p. 623.
- ^ RG JW 1936, 2537.
