Carl Joseph Pratobevera

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Carl Joseph Probevera, after a lithograph by Josef Kriehuber (1840)

Carl Joseph Pratobevera , since June 26, 1838 Carl Joseph Pratobevera Freiherr von Wiesborn (born February 17, 1769 in Bielitz in Silesia , † December 6, 1853 in Vienna ) was an Austrian lawyer.

Life

family

Carl Joseph Pratobevera was the son of Carl Anton Pratobevera (1720-1801), who himself was the son of an Italian traveling trader from the Como area , who settled in Bielitz in 1765 and founded a specialty shop ; his mother Franziska (née Urbani) (around 1725–1796) was the daughter of an Italian spice merchant who immigrated to Ratibor . His brother was Joseph von Pratobevera (1776-1820), a merchant and mayor of Bielitz, whose son Eduard Pratobevera was married to the cookbook author Katharina Pratobevera .

Carl Joseph Pratobevera was married to Josepha (1780–1799), daughter of the lawyer Ignaz Raab, in Vienna from 1797, but she died on March 14, 1799. In his second marriage, he was married to Johanna (1782–1832), daughter of the Bielitz factory owner Carl Gottlieb Schröter, from April 26, 1802 in Krakow; together they had nine children, of whom we know by name:

  • Adolph von Pratobevera (born June 2, 1806 in Bielitz, † February 16, 1875 in Vienna), Minister of Justice;
  • Wilhelm von Pratobevera, Dr. med .;
  • Moriz von Pratobevera († August 10, 1854), major;
  • Maria von Pratobevera (1828–1839), married to Josef von Bergmann , councilor and historian;
  • Luise von Pratobevera, married to Josef von Bergmann, former brother-in-law;
  • Franziska von Pratobevera, married to Josef Tremier , painter; they adopted the future opera singer Marie Wilt .
  • Bertha von Pratobevera, married to Heinrich Kreissle von Hellborn (1822–1869), music writer.

Carl Joseph Pratobevera was buried in the romantic cemetery in Maria Enzersdorf .

education

He attended elementary school in Bielitz and learned the Polish language from Polish refugees as a child, which proved to be advantageous in his later career.

In the period from 1776 to 1782 he attended high school in Teschen . After attending school, his father sent Carl Joseph Pratobevera to a business friend in Vienna because he was to receive practical training as a businessman there. During his stay at the University of Vienna, he attended lectures on logic and metaphysics from Joseph Ernst Mayer (1751–1822) and mathematics from Georg Ignaz von Metzburg , after his brother-in-law Dr. Entzendorfer used for this. He also attended the St. Anna commercial secondary school in Vienna for a year. In 1784 he returned home and in the course of time was able to convince his father to pursue a legal career.

In the autumn of 1786 he traveled again to Vienna and began studying law at the university there and attended lectures by Matthias Dannenmayer , Joseph von Sonnenfels , Georg von Scheidlein and others. On July 6, 1792 he received his doctorate with his public dissertation The Rights of the State on Churches and Spiritual Property and became a member of the law faculty.

Career

On September 3, 1793, he passed the lawyer examination at the Lower Austrian Court of Appeal and received the right to practice law , but was only allowed to work in Austria under the Enns ; in autumn 1793 he opened his law firm in Vienna.

After Austria took possession of western Galicia in 1795 , the government began to set up a Galician court chancellery and looked for lawyers to fill various positions for the court of appeal in Cracow . The then Lower Austrian President of Appeal Count Alois Ugarte (1749-1817) asked Carl Joseph to apply, whereupon he was appointed to the Appeal Council in Cracow on March 29, 1796; his Polish language skills were also decisive here. Until 1806 he was held the position of a chancellery assistant, the director of studies of the law faculty and the position of the rector of the Cracow University , in addition he was a member of various commissions that advised, among other things, the liquidation and distribution of national debts, as well as the regulation of freedom of emigration .

In 1806 he was appointed to assist in Galician business in Vienna and on August 22 he was promoted to court advisor at the highest judicial office. On April 4, 1807 he was appointed assessor of the court commission in legal matters, where he revised the final version of the General Civil Code . In addition, he was given the task of resuming and continuing the collection of judicial laws, which had stalled since 1796. In 1808 he drafted the instructions for the Galician criminal courts so that they could follow the rules of the legal procedure.

On September 21, 1814 he was appointed as a consultant in the State Council until he was elected a member of the committee in 1817 that advised the statutes of the Austrian National Bank . On December 30, 1818, he was appointed Vice-President of the Lower Austrian Court of Appeal, after which he was released from his position in the State Council on December 31, 1818 at his own request.

In addition to his position as vice-president, he was a member of the court commission in judicial matters and was also represented there in special commissions, including leading the presidium of the commission that dealt with the revision of the penal code.

In 1823/1824 he was rector of the University of Vienna.

Due to an eye condition, he was released from his position as a member of the Court Commission on February 27, 1838. He was retired on March 6, 1841.

After his retirement, he attended lectures on church history , philosophy and aesthetics at the University of Vienna at the age of 76 and had lectures on physics given at home .

Writing

Carl Joseph Pratobevera published numerous essays and writings on legal issues. Together with Franz von Zeiller , Franz Xaver Nippel von Weyerheim , Thomas Dolliner , Vincenz August Wagner , Conrad von Gärtner and Michael Schuster , he published the first modern Austrian legal journal, The Materials for Law and Justice in the Austrian States in 8 volumes. The focus was on reports on the practice of rulings, the status and development of Austrian legislation as well as reviews of domestic and, above all, foreign legal literature; later the publication was continued with the magazine for Austrian legal scholarship by Vincenz August Wagner.

Honors

Fonts (selection)

  • A few more remarks on the jus terrestre Nobilitatis Prussiae correctum for the elucidation of the old Polish succession of the nobility, by a legal scholar employed by a higher authority in the kk part of the former Poland . Published in Ernst Ferdinand Klein : Annals of Legislation and Legal Scholarship in the Prussian States , Volume 23, 1805.
  • Necrology of the Supreme Justice President Count Rottenhan . Published in Franz von Zeiller : Annual contribution to legal studies and jurisprudence in the Austrian hereditary states , 4th volume. 1808. p. 247 f.
  • The materials for law and justice in the Austrian states . Vienna 1814-1824. The essays by Carl Joseph Pratobevera appeared in it:
    • About the boundaries between justice and political issues . Part 1.
    • Some remarks about the evidence from the coincidence of circumstances, according to the provisions of the Austrian Crime Code . Part 1.
    • Ideas about the scope and the economy of a general civil court system . Part 1.
    • Discussions on the Eleventh Chapter of the Judicial Order of the Evidence in General . Volume 2, with the continuations in the 3rd, 4th, 5th, 7th and 8th volume.
    • From the evidence by confession, according to the 12th chapter of the civil court order .
    • Discussions on Chapter 13 of the Judicial Order. From evidence by documents .
    • About the evidence of the oath .
    • About the evidence from witnesses .
    • About the evidence by inspection and experts .
    • Something about collections of judgments . Volume 5.
    • Attempt to explain the §. 1450 of the general civil code, on restitutions in general and the processual ones in particular . Volume 6.
    • Fragments of some of the main features of an appropriate institute for public books . Volume 8.
    • In addition, he published 18 legal cases, edited in excerpts, in the materials, namely six criminal law cases and twelve civil law cases.
  • Legal case explaining the application of the criminal penalty of perjury . Published in Zeitschrift für Österreichische Rechtsgelehrsamkeit , Volume 1, 1825, p. 193.
  • Civil law case. Can the marriage property according to §. 1218 a. BGB also be verbally assured by a third party who is not obliged to pay? Published in: Zeitschrift für Österreichische Rechtsgelehrsamkeit, Volume 1, 1827, p. 1.

literature

Web links

Individual evidence

  1. ^ HP Clive, Professor of French Peter Clive: Schubert and His World: A Biographical Dictionary . Clarendon Press, 1997, ISBN 978-0-19-816582-8 ( google.de [accessed July 29, 2019]).
  2. ↑ The Austrian Observer: 1823, 10/12 . No. 349 BC December 15, 1823. Strauss, 1823 ( google.de [accessed July 29, 2019]).
personal data
SURNAME Pratobevera, Carl Joseph
ALTERNATIVE NAMES Pratobevera von Wiesborn, Carl Joseph; Pratobevera, Carl J .; Pratobevera, Karl Joseph; Pratobevera von Wiesborn, Karl Josef; Wiesborn, Carl Josef Pratobevera from
BRIEF DESCRIPTION Austrian lawyer
DATE OF BIRTH February 17, 1769
PLACE OF BIRTH Bielitz , Silesia
DATE OF DEATH December 6, 1853
Place of death Vienna