Codex Theresianus

The Codex Theresianus is a forerunner of the Austrian General Civil Code (ABGB).

history

A compilation commission set up by Maria Theresa in 1753 on the basis of a memorandum with the main consultant Joseph von Azzoni (1712–1760) in Brno and a subsequent revision commission in Vienna in 1756 created the draft of a Codex Theresianus by 1766. This was still strongly influenced by Romance , casuistic and very extensive. On the advice of Wenzel Anton von Kaunitz-Rietberg, Maria Theresa did not approve the codex and returned the draft to the commission in 1772. The Codex Theresianus remained a mere draft law and never achieved legal validity , just as little as its revision made a few years later (draft by Johann Bernhard Horten (1735–1786) from 1772/1776). In 1787 the Josephine Code came into force, in 1812 the General Civil Code.

expenditure

The Codex Theresianus is printed and partly annotated in: Philipp Harras von Harrasowsky: The Codex Theresianus and its revisions , 3 volumes, Vienna 1883/1884. Volumes 4 and 5 contain the design by Hortens (1772/1776) and the design by Martinis (completed in 1796). In Vol. 1, pp. 1-13, Harrasowsky gives a detailed overview of the editorial history.

Preparatory work by the compilation commission published by: Christian Neschwara : The oldest materials on the history of the codification of the Austrian General Civil Code: Josef Azzoni, preliminary draft for the draft of the Codex Theresianus - Josef Ferdinand Holger, comments on Austrian law (1753) (= Fontes rerum austriacarum III / 22 ) . Vienna 2012. 338 pages. An introduction (15–47) gives an overview of the genesis of the Codex Theresianus and the other projects of the legislative commission.

literature

Nikolaus Grass : Codex Theresianus . In: Concise Dictionary of German Legal History , Vol. 1, Sp. 629–630.
Gunter Wesener : The role of the Usus modernus pandectarum in the draft of the Codex Theresianus. On the history of the effects of the older common law . In: Gerhard Köbler , Hermann Nehlsen (eds.): Effects of European legal culture. Festschrift for Karl Kroeschell on his 70th birthday . Munich 1997, pp. 1363-1388.
Gabor Hamza: Origin and development of modern private legal systems and the codification of Roman law . Eotvos University Press, Budapest 2009, ISBN 978-963-284-095-6 , pp. 216-227.

Web links

Editions digitized by the Austrian National Library

Individual evidence

↑ Carl Chorinský in The Austrian Executiv Trial: A Contribution to the History of the General Court Order. Vienna 1879, Hölder, p. 99.

[1] Carl Chorinský in The Austrian Executiv Trial: A Contribution to the History of the General Court Order. Vienna 1879, Hölder, p. 99.