Borrowing obligation
In historical studies, compulsory loan denotes the compulsion of the liege lord to have to re-lend a fief that has fallen back on him.
In the 1930s Heinrich Mitteis wanted to find out the causes of the small states . He compared the feudal law in Germany and France. He wanted to explain the constitutional differences in France and the Reich with the legal norm of a compulsory loan. The starting point for his considerations was the fall of Henry the Lion in 1180/81. The Archbishop of Cologne, Philipp , received the western half of Saxony, the eastern part fell to Bernhard von Anhalt . Otto von Wittelsbach got the downsized Duchy of Bavaria . The empire of Friedrich Barbarossa did not benefit from the fallen duchies, but spent them again. Mitteis wondered why the emperor had not retained the powerful complex and assigned it to the imperial estate . Mitteis suspected the obligation to borrow as the cause. In contrast to France, the feudal lord in Germany was forced by feudal law to reissue a fallen fief within a year and a day. However, the doctrine of Leihezwang found Mitteis not as far back as Barbarossa, but led her out of the Sachsenspiegel of Eike von Repgow from. Mitteis bundled his point of view in his book Lehnrecht und Staatsgewalt , published in 1933 . Herbert Gunia had already denied the obligation to borrow in his dissertation written by Robert Holtzmann and published in 1938. However, he could not assert himself with his view in research. A critical review by Mitteis of Gunia's work put an end to the discussion about the obligation to borrow for a long time. Mitteis has made the doctrine of the compulsory loan “the cornerstone of constitutional history”. Werner Goez refuted the obligation to borrow in 1962. He was able to show that there was no general legal norm for this in the empire.
literature
- Werner Goez: The obligation to borrow. An investigation into the history of the German feudal law. Mohr, Tübingen 1962 (at the same time: Frankfurt / M., University, habilitation thesis, 1962).
- Maximilian Herberger , Bernd Kannowski : Mandatory loan. In: Concise Dictionary of German Legal History Volume 3, Sp. 820–824 ( online )
- Hans-Georg Krause: Mandatory loan . In: Lexicon of the Middle Ages (LexMA). Volume 5, Artemis & Winkler, Munich / Zurich 1991, ISBN 3-7608-8905-0 , Sp. 1857.
- Steffen Patzold : The feudal system (= Beck'sche series 2745 CH Beck knowledge ). Beck, Munich 2012, ISBN 978-3-406-63235-8 , p. 96 ff.