Erbacher law
The Erbacher law was the particular law of the rule and later county of Erbach .
history
At the end of the 15th and in the 16th century, in Germany, when dealing with Roman law , there were records of locally applicable law. This was also the case in the Erbach rulership, where this happened at the beginning of the 16th century. The result was completed in 1520. From today's perspective, the work is a collection of civil , public and criminal law .
In 1552 a comprehensive legal collection was presented again. It built on the text from 1520. The focus was now on the court constitution and the procedural rules . Distinction is made between district courts , tithe courts , Hain courts and the Hofgericht distinguished. This focus on the procedural, however, also meant that the regulations became increasingly obsolete with the change in court constitutions in the next centuries. The substantive law, however, is different : this special law also retained its validity during the fact that the County of Erbach was part of the Grand Duchy of Hesse in the 19th century. The Common Law applied only to the extent that specific provisions of the law relating to facts Erbacher no provisions contained. However, in judicial practice, as a rule, the text versions of the 16th century were no longer used, but their content was regarded as customary law . The particular law was replaced on January 1, 1900 by the civil code that was uniformly valid throughout the German Empire .
In the literature it is particularly pointed out that in the matrimonial property law of the County of Erbach the community of property was the normal case.
scope
The Erbacher law was across the county Erbach. Beyond the county of Erbach, the Erbach law only spread to the neighboring, condominally ruled lordship of Breuberg , in which the House of Erbach (Erbach-Schönberg line) and the Prince of Löwenstein-Wertheim-Rochefort (later: -Rosenberg) were involved.
swell
Text output
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Statuta and the order of rulership Erpach creates through the wolgeporn lords, Schenck Eberharden, and Mr. SchenckVältin, both lords of Erpach, cousins, our gracious lords, Anno 1520 ufgericht .
- Printed version in: Beck and Lauteren, below, pp. 51–71.
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State order of the gray business Erpach . 1552.
- Printed version in: Beck and Lauteren, below, pp. 73–141.
Secondary literature
- Ferdinand Karl Heinrich Beck and Christian Lauteren: The land law or the peculiar civil rights and customs of the county of Erbach and rule of Breuberg in the Odenwalde . Heyerlin, Darmstadt 1824.
- Reprint: Olms, Hildesheim 1989.
- Online edition , 2002.
- Arthur Benno Schmidt : The historical foundations of civil law in the Grand Duchy of Hesse . Curt von Münchow, Giessen 1893