Ban right
As a ban right (compulsory right, ban justice) is a commercial law, which consists in allowing the residents of an area to satisfy their needs exclusively by a certain commercial enterprise. The ban rights arose in the Middle Ages and were widespread and varied. Since they run counter to freedom of trade and the market economy , the legislature abolished them in the 19th century . As a rule, the ban rights did not constitute a prohibition on exercising a certain trade in a district, but a prohibition on the customer from requesting the services in question from unauthorized persons.
Individual ban rights
- Milling law : The most widespread ban law was the mill ban or mill compulsion, in which the residents of an area were obliged to have their grain ground exclusively at a mill (ban mill).
- Brewing rights : The ban rights also included brewing rights; As a result, not only could no other brewery be builtwithin a district, but also all innkeepers and innkeepers , sometimes even all private individuals, were forced to only obtain their beer from the authorized person at a certain price (brewing or beer ban or beer compulsory) .
- Wine law : A similar right was exercised here and there in relation to the wine consumption of a certain district. Similarly, there is compulsory wine press ( Weinkelterbann ) or the right to demand that all winegrowers in a certain district or at least one class thereof press their grapes at the ban winery or at leastpaythe fixed fee ( wine ) for it. In some places the so-called wine press ban , which only allowed noble and clerical landlords to operate wine presses, was not lifted until the 19th century.
- City law / Land law (Middle Ages) : Theprivilege of a city was referred toas mile law, according to which no one is allowed to operate a certain trade, gastronomy or handicraft within a radius of one or more mile of the city without the approval of the city. This ban mile was only lifted on major market days.
- Hunting right : A game ban denotes a special royal hunting right in the Middle Ages . From the end of the 14th century,special regulations were issuedfor the management of forests and these were therefore subject to forest sovereignty .
- Bathing law: A ban bathing room (or ban bath ) was a public bath leased to a bather , which was subject to the ban law.
Furthermore, in some regions there was compulsory brandy, meat compulsory, blacksmith compulsory, compulsory bleaching or oven compulsory.
Origin of the ban rights
The origin of the ban rights can be traced back to different roots.
- Most of them were evidently based on the power of the lesser or greater feudal lords . What they ordered counted for law, and so, among other burdens, a new obligation arose for the subjects. Above all, this includes the ban on hunting , as the nobility viewed hunting as their own pleasure and privilege. This is where the origin of the offenses of hunting and fish poaching can be seen, even if these meanwhile serve a different purpose (e.g. species protection ).
- The justification of the compulsory ban had a greater semblance of law for itself if the feudal lord saw himself as the overseer of the trade as a whole and granted the one with the exclusion of any other a concession in the form of a ban right.
- A third type of ban rights are those established by real contract, for example when the residents of a region (or a feudal lord), in order to encourage an entrepreneur to set up a business establishment of their choice, therefore entered into a formal contract with him, for example. B. should build a mill or a winepress, whereas the inhabitants promised him to secure the profit of the enterprise, to have their fruits ground or to press their grapes for a certain period of time or even without a time limit.
Lifting of the ban rights
All ban rights were in direct contradiction with the principle of freedom of trade and the market economy . The legislation has therefore eliminated the ban rights, partly against compensation for those entitled, such as B. in the Grand Duchy of Hesse by law of February 25, 1818 and of May 15, 1819, in the Grand Duchy of Oldenburg by law of April 17, 1819, in Baden by law of August 28, 1835, in the Kingdom of Saxony by law of March 27, 1838, partly without such compensation: in Bavaria by ordinance of December 20, 1799, December 30, 1801, etc., in Prussia mainly by an edict of October 28, 1810. Finally, the north German, then the German trade regulations of June 21, 1869 ( § § 7 ff. GewO) stipulates that from January 1, 1873, all compulsory and ban rights, unless they have yet been eliminated by the legislations of the individual states, shall apply or are subject to replacement.
See also
Web links
General ban rights:
- Ban right (compulsory right, ban justice) . In: Meyers Konversations-Lexikon . 4th edition. Volume 2, Verlag des Bibliographisches Institut, Leipzig / Vienna 1885–1892, p. 344.
Mill ban:
- For the ban right at mills , mill and local history association Garbe, on wanzer.de
- Hannelore Neffgen on the mill ban
Brewery:
- Zum Braubann ( memento from July 19, 2004 in the Internet Archive ), amuellner.gmxhome.de
Ban rights to waters / fish ban:
- The right to ban ponds, mills and fishing , wisoveg.de
