Right of appeal

A right of objection is a restriction on disposal, which is well attested above all in Germanic law up to the Middle Ages, but also in the ancient oriental legal systems . It meant that a plot basically without prior approval by the next heir, the so-called legacy leaves could be sold. It was based on the idea of ​​priority of the rights of a clan over the subjective rights of an individual, including a clan chief. In the event of a sale without permission to inherit, the heir could assert a claim for surrender against the purchaser .

The basis of the right of appeal was the old clan ownership of land. It lasted the longest in German-speaking countries in Saxon and Thuringian law, but was largely dismantled as early as the High Middle Ages. In its place came the law of proximity .

literature

• Gernot Kocher: Fundamentals of the development of private law and the history of law in Austria. 2nd edition Vienna: Böhlau, 1997, 121 f.
• Werner Ogris : Right of appeal. In: Concise dictionary on German legal history . Edited by Adalbert Erler and Ekkehard Kaufmann, co-founded by Wolfgang Stammler. Volume I: Aachen - House Search. Schmidt, Berlin 1971, ISBN 3-503-00015-1 , Sp. 356 f.