Baden Land Law 1810

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Title page of the first edition of the Baden Land Law from 1809

The Baden Landrecht of 1810 was the civil code of the Grand Duchy of Baden that came into force on January 1, 1810 and was valid until December 31, 1899.

In library catalogs, the land law that came into force in 1810 is also listed as land law 1809 after the date of printing.

Predecessor and history of origin

In the various territories that were united to form the Grand Duchy of Baden in 1806, different civil law was in force. For the margraviate of Baden-Baden, the predecessor for the margraviate of Baden-Baden was the land law of 1588, which was never printed, and in the margraviate of Baden-Durlach the new land law of 1622, which was issued in 1710 and 1773 . As early as 1754, Margrave Karl Friedrich commissioned the secret councilor Johann Michael Saltzer and, in 1787, the Oberamtmann of the Hochberg Office , Johann Georg Schlosser , to revise civil law, although no new law was introduced.

In 1804, Napoleon introduced the Civil Code (later known as the "Code Napoléon") in France and subsequently tried to enforce this legal framework among the allied states of the Rhine Confederation . The recommendation to the Grand Duchy of Baden was made in 1807 by the French charge d'affaires in Karlsruhe. Johann Nicolaus Friedrich Brauer , then head of the Baden Police Department (Ministry of the Interior), took up this recommendation and created the new Baden land law, adapting the civil code with more than 500 additions and changes to the situation in Baden. By edict of the Grand Duke of July 5, 1808, the adoption of the Code Napoléon as a civil code or land law of the Grand Duchy was resolved and parts of the law came into force on July 1, 1809, while it did not come into full force until January 1, 1810.

purpose

In order to form the territories united to form the Grand Duchy of Baden into one state and to promote economic development, a uniform legal framework was required that regulated civil life in the entire state and granted legal security to economic life. The Civil Code was the most progressive private law of its time and the extensive adoption of French law was probably not only under pressure from Napoléon, but also accommodated the demands of the Baden bourgeoisie and simplified economic relations with France as well as with the other Rhine Confederation states.

content

Like the Civil Code, Baden's land law is divided into three books (personal law; property law (without lien); other areas of private law), but is supplemented by an appendix with the commercial laws.

successor

The Grand Duchy of Baden took over the Civil Code of the German Empire of August 18, 1896 with the law for the implementation of the Civil Code of June 17, 1899 , replacing the Baden land law of 1810 on January 1, 1900.

Legal historical significance

The Baden land law is regarded as "one of the most important civil law German statutes of the 19th century". A series of events was held to mark the 200th anniversary of going to press.

literature

  • Code Napoléon, with additions and trade laws as land law for the Grand Duchy of Baden. Verlag der C. F. Müller'schen Hofbuchdruckerei, Karlsruhe 1809. Google digitized
  • Karl Stiefel : Baden - 1648–1952. Volume II. Karlsruhe 1977, pp. 899-901.
  • CF Nebenius; Edited from his estate by Mrs. von Weech : Karl Friedrich von Baden. Chr. Fr. Müller'sche Hofbuchhandlung, Karlsruhe 1868. Google digitized
  • A. Mayer: Contributions to the history of Baden civil law up to the introduction of the new land law. Bellevue 1844 Google digitized
  • Johann Nicolaus Friedrich Brauer : Explanations about the Code Napoleon and the Grand Ducal Baden civil legislation. Volumes 1-6. Karlsruhe 1809-1812. (Proof of digital copies on Wikisource: Johann Nikolaus Friedrich Brauer )
  • A. Platenius: Outline of the Baden land law. Freiburg i. Br. And Leipzig 1896. Digitized
  • Landrecht Der Fürstenthumben der Marggravschafften Baden vn [d] Hachberg, Landgraveschaff Saussenberg, also Herrschafften Röttlen vnnd [and] Badenweyler, [et] c. Inn siben Teyl. Senft, Durlach 1622. Digitized, Heidelberg University Library
  • Land law for the Grand Duchy of Baden: Official edition. Karlsruhe 1867 Google digitized version

Web links

Individual evidence

  1. ↑ Stiefel, pp. 899/900
  2. ↑ Stiefel, p. 901; Nebenius, pp. 240/241
  3. ^ Code Napoléon, p. 1
  4. ^ Press release from Heidelberg University of September 18, 2009