Jurisdiction
The Fulda law was the particular law of the Hochstift Fulda . In the legal successors of the Hochstift it was partly valid until the introduction of the German Civil Code (BGB).
history
The origin of the Fulda law cannot be classified in terms of time. It has been used by local jurisdiction "since ancient times". It arose from individual ordinances of the abbot. The oldest documented ordinance that has come down to us is an ordinance on tithe from 1116. An ordinance on the shopkeepers' guild from 1393 has come down to us. A manuscript dates from 1372 that contains a collection of the legal provisions in force in the city of Fulda. The number of documents improves significantly for the 15th century. Coin ordinances (1400), a thing court ordinance and a fishery ordinance (1458), a wool weaver ordinance (1493) and various court ordinances have survived. While so far only ordinances on individual issues have been issued, a first comprehensive judicial ordinance was issued in 1515, which tried to describe all aspects of the judicial process. Legislative activity was intensified in the 18th century. All essential areas of law have been formalized and regulated in a large number of ordinances.
After the dissolution of the bishopric in the course of secularization , the territory was divided up after a few intermediate steps as follows:
- Most of it fell to the Electorate of Hesse .
- The Kingdom of Bavaria received the offices of Hammelburg , Brückenau and Weyhers .
- The Grand Duchy of Saxony-Weimar-Eisenach received the offices of Geisa and Dermbach .
- The Grand Duchy of Hesse received Herbstein in 1810.
content
The Fulda law mainly contained provisions of civil law . The matrimonial property law, which diverged from common law , was of particular importance : In the law of Fulda, the community of property was fundamentally valid .
Validity
The Fulda law prevailed in the Hochstift. In the case of matters that it did not regulate, common law applied subsidiary law.
The Fulda law retained its validity in Herbstein even during the affiliation of this area to the Grand Duchy of Hesse in the 19th century, until it was replaced on January 1, 1900 by the BGB, which was uniformly applicable throughout the German Empire .
The same applied to parts of the Fulda law , which were considered particular law in the Schlitz rule .
literature
- Arthur Benno Schmidt The historical foundations of civil law in the Grand Duchy of Hesse . Curt von Münchow, Giessen 1893.
- Eugen Thomas: System of all technical private rights . 3 volumes. Fulda 1788–1790, digital copies .
- K. Zimmermann: The special rights of the provinces of Starkenburg and Upper Hesse of the Grand Duchy of Hesse . Darmstadt 1873.
Individual evidence
- ↑ Thomas: System of all technical private rights, Volume 1, p. 7 ff.
- ↑ Otto Berge: The division of Fulda after the Congress of Vienna . In: Stefan Waldmann (Red.): History and tasks of the district of Fulda. Monograph on the 175th anniversary of the district . Parzeller, Fulda 1996, ISBN 3-7900-0271-2 , pp. 59-70.
- ↑ Schmidt, p. 33.
- ↑ Schmidt, p. 104, note 18.
- ↑ Schmidt, p. 103f and enclosed map.