Josephine Law Book

The Josephinisches Gesetzbuch ( General Civil Code ) was a general civil code issued by Joseph II for the German hereditary lands of the Habsburgs, which contained civil law. It was in force from January 1, 1787 to December 31, 1811.

history

Gottfried Wilhelm Leibniz received an appointment from Vienna in 1713 as titular Reichshofrat and developed a first plan for the codification of civil law, the Codex Leopoldinus . In 1753 Maria Theresia set up a commission for a Codex Theresianus , which was available as a draft in 1766, but was criticized as too complicated and only received recognition as a useful collection of material.

In 1772, the compilation commission, with the help of Johann Bernhard Horten (1735–1786), was instructed to simplify the Codex Theresianus and not to be bound by Roman law. Around 1776 work came to a standstill due to controversial questions of inheritance law and was only successfully resumed in 1780. The marriage patents of January 16, 1783 ( JGS 117) and May 3, 1786 (JGS 543) and the inheritance patent of May 11, 1786 were created in separate regulations. Horten also designed the new law. A first part was promulgated on November 1, 1786 (JGS 591, patent), came into force on January 1, 1787 as the General Civil Code and was later called the Josephine Code . On January 1, 1812, it was replaced by the General Civil Code .

See also

• Josephine Criminal Law

Individual evidence

1. ^ Gernot Kocher, Markus Steppan: Private law development and jurisprudence in Austria, Verlag Böhlau Vienna, 1997, ISBN 978-3-205-98491-7 , p. 61.

Web links

• Josephine Code of Law (Sub. 220) HTML version
• Josephinian Code of Word Forms List (HTML)
• Josephine Code of Law (Sub. 220) - PDF with facsimile and text (5.2 MB)
• Josephinisches Gesetzbuch (JGS 591) - Facsimile of:
  Joseph des Zweyten, Roman Emperor, laws and constitutions in the Justitz subject
  for Bohemia, Moravia, Silesia, Austria above and below the Enns, Steyermark, Carinthia, Krain, Görz, Gradisca, Triest, Tyrol and the foreland
  in the sixth year of his reign; Born from 1785 to 1786 - second continuation ,
  imperial and royal court and state serarial printing, Vienna 1817; P. 71 ff.
  From the Judicial Law Collection at ALEX - Historical Legal and Legal Texts Online