Were
Gewere ( Gewere , Gewehre , gewäre , grant , were , warandia , from Old High German werjan " clothing ") was in the older German legal language the protection that the judge granted someone in relation to things, or the ownership of a person protected by the judge a thing.
With regard to the judge who granted protection, a distinction was made between two types of trade:
- The trades under popular law were protected in the people's courts.
- The trades under court or feudal law were protected in the court or feudal courts.
The latter was also called the imperfect craft because it was not protected in the people's courts. In a broader sense, trade denotes any real right to a thing and often only the immediacy of judicial protection for a person's relationship to a thing. This different meaning is often emphasized in the older legal sources by means of specific adjectives. Thus a distinction is made between pure, superior, common trades, by which one understands mere possession, and genuine, proper, perfect, right or proper trades, under which property or the most perfect real right is understood.
The predatory trade, the opposite of which was the innocent trade, was understood to mean that which was not based on any law and therefore was not protected by the judge. The commercial rights occurring outside of the property were z. B. distinguished by the following formulas:
- Utility and trade
- Were of the heir
- Became personal treasures
- Became right guardianship , especially the husband's personal right to his wife's property
The right trade related to the court order and was acquired after investiture by a year and day continued possession. It had the special effect that it secured those who had been properly invested against the claims of third parties on the matter and thus brought about the expiry of their complaints.
With the penetration of Roman law in Germany, the German legal institute of the trades disappeared.
literature
- Wilhelm Eduard Albrecht : The trades as the basis of the older German property law . Koenigsberg 1828.
- Andreas Heusler : The trades . Weimar 1837.
