Eygenland law

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Title page of the first print of The Saxony in Transylvania statute by Matthias Fronius, Kronstadt 1583

The Statuta or the Eygenlandrecht of the Transylvanian Saxons is a codified collection of old German customary law in the reception of Roman law . It applied to the residents of the Königsboden in Transylvania . Until the introduction of the General Austrian Civil Code of 1811, which had been introduced in all German hereditary countries of the Austrian monarchy, the Eygenland law remained in force. It represents the most important part of the legal history of the Transylvanian Saxons. Matthias Fronius from Kronstadt published the first edition in German and Latin in 1583.

Field of law

The area to which statutory law was applied comprised the entire royal soil .

basis

The legal validity of the Eygenland law was based on three factors:

  • The privileges of the Golden Charter of 1224.
  • Confirmation by King Stephen Bathory from 1583.
  • Various later state legal documents, which the Transylvanian Saxons repeatedly recognized and confirmed the validity of their own rights.

The legal status of the Transylvanian Saxons thus arose partly from inherited customary law, which was not systematically structured in content and form, but was particularly valued by the Saxon nation as corresponding to the local needs. There are also strong references to Roman law . In addition, statutes from the Magdeburg city law as well as general sections and sentences from the Sachsenspiegel are included.

Validity period

The statutory code was valid for almost three centuries in all legal and social relationships for the residents of the royal soil. It regulated all procedural, private and criminal matters of the Transylvanian Saxons, but also of the other nations, if they lived on Königsboden. Statutory criminal law applied until 1803. Statutory private law was in use until 1853 when it was replaced by Austrian legislation.

literature

  • Felix Sutschek: The German-Roman law of the Transylvanian Saxons ( proprietary land law). From the legal history of Transylvania . Self-published, Stuttgart 2000, ISBN 978-975-993-923-6 .