Basic relief patent
With the basic relief patent of September 7, 1848, the landlord's upper ownership and the resulting performance obligations of the peasants as well as the landlord's jurisdiction and police force were abolished in Austria .
background
After the hunger winter of 1847-48 broke - after the example of the French Revolution of February , the March 13, 1848 in Vienna - March Revolution of. As a result, the Minister of the Interior, Franz von Pillersdorf, was commissioned by Emperor Ferdinand to draw up a constitution that was enacted by the Emperor on April 25, 1848. However, this constitution met with strong criticism, and so an amendment was made on May 15, 1848, on the basis of which the first Austrian parliament, the constituent Reichstag with 383 delegates from Austria and the Slavic countries, was convened by Archduke Johann on July 22, 1848 has been. At its third session on July 26, 1848, this Reichstag passed the so-called "basic relief patent" at the request of MP Hans Kudlich , which contained the "abolition of peasant subservience and peasant burdens, such as robots and tithe" and that was processed on Law was passed on September 7, 1848.
As a result of the ongoing revolution in Hungary , fighting broke out again on October 6, 1848 in Vienna. With this October Revolution the revolution reached its climax. The citizens of Vienna, students and workers, succeeded in taking control of the capital after the government troops had fled. The revolution came to a bloody end on October 31, 1848, after the revolution in Hungary had been suppressed with the help of the Russian army . The Reichstag met in Kremsier , where it continued and almost concluded the constitutional deliberations in the winter of 1848/49 (Kremsier Reichstag). On December 2, 1848, Franz Joseph I ascended the throne and imposed a new, centralized constitution based on the monarchical principle. The constituent Reichstag was dissolved on March 7, 1849. Emperor Franz Joseph returned to absolutism . With the so-called " New Year's Eve Patent " of December 31, 1851, he repealed the constitution and basic rights patent - with the exception of a few provisions, including the basic relief patent and the modernization of the administrative system with municipalities, district authorities and a state judiciary. It was not until 1860 that "neo-absolutism" ended - at least partially - and a return to a constitutional form of government took place.
Content of the basic relief patent
The imperial (basic relief) patent of March 4, 1849 ( RGBl. 152 ) provided that previously submissive peasants could acquire free ownership of the land against payment of a certain amount. The amount was determined from twenty times the previous annual taxes. One third of this amount was considered to have been settled, the second third had to be replaced by the land and the third third had to be borne by the exempted farmer - either in cash or as a pension. Because of the money required, many farmers got into debt, and there was a new dependency, this time on the donors. Only further legal provisions (1867) finally removed all leasehold and inheritance law relationships.
literature
- Floßmann, Ursula: Austrian history of private law . Springer, Vienna 1983, p. 193 ( online in Google book search).
Web links
- Parliamentarism in Austria on Parliament of the Republic of Austria