Mainz Land Law

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The Mainz Landrecht ( Churfürstlich-Mayntzisches Landrecht ) was the particular right in the predominant part of the Electorate of Mainz .

history

precursor

A collection of law in Mainz has survived for 1442, although it is not clear whether it was a private work or had a public character.

In 1516 Archbishop Albrecht von Brandenburg issued a court court order, which was confirmed by Charles V in 1521 .

In 1534 a lower court order for the electoral state was drawn up.

In 1643, a legal collection of the customary law applicable in the rural surroundings of Mainz, compiled by the whale pod Nikolaus Itzstein, was officially examined, found to be correct and officially confirmed. According to another source, this is supposed to have happened in 1683 or shortly before, namely by the Vizedom responsible for the Rheingau Vice- Cathedral and other competent officials in the electoral state. Since it was considered Rheingauischer Landsbrauch as land rights .

Land law from 1755

The Mainz Landrecht was created in order to regulate problems that have arisen and to create further uniformity in the applicable law . The details of how it came about are unclear. The preliminary work should go back to 1719.

Based on this preliminary work, Elector Archbishop Johann Friedrich Karl issued the Mainz Landrecht on July 24, 1755 , which came into force on January 1, 1756. This was probably preceded by an editing process in which several lawyers from Mainz were involved. On the one hand, the basis was the Rheingau land usage . The Frankfurt Reformation and the legal literature that appeared on it were also heavily used . The Common Law was subsidiary to the extent that specific provisions of Mainz land law did not contain provisions for a fact.

The Mainz land law was valid in the entire electorate. Exceptions were the exclaves Erfurt and Eichsfeld and the condominiums in which the electoral state was involved.

Continuation and end

By 1794/1795, France succeeded in militarily occupying the territories of the German Empire on the left bank of the Rhine . They were then annexed. The Napoleonic Codices were subsequently introduced here, especially the Civil Code . The Mainz land law became invalid here. The civil code retained its validity in Germany on the left bank of the Rhine even after the fall of Napoleon.

The Mainz Landrecht, however, remained in the areas on the right bank of the Rhine, in which it had previously applied. After 1803 these fell to a large extent to the Landgraviate of Hessen-Darmstadt , which shortly thereafter became the Grand Duchy of Hessen . It retained its validity here throughout the 19th century and was from the same across the whole until 1 January 1900. German Reich applicable Code Civil replaced.

Since, on the basis of Art. 200 EGBGB, the matrimonial property law of the Mainz land law continued to apply to marriages that had been concluded before January 1, 1900, the question of whether the regulation made there with the equal rights according to Art. 3 para 2 Basic Law for the Federal Republic of Germany is compatible.

content

The Mainz land law was not yet an overall codification. From today's perspective , it contained civil , public and criminal law and is divided into

In terms of content, the Mainz land law follows the Frankfurt Reformation of 1578 in part verbatim. Between 1756 and 1808, nine ordinances were added to it. In addition, some sovereign "authentic interpretations" followed. It was also further developed by the jurisdiction of the Mainz court court . Around 1780 judges were still active here who had been involved in the editorial work in 1755.

swell

Text output

sorted by year of publication

Secondary literature

in alphabetical order by authors / editors

Remarks

  1. ↑ Law and Order eyns Waltpoden to Menz. There is the glory that dy myn Her von Menze and a forest pot from Syntwegen has to Menze (Erler, Sp. 199)
  2. ↑ Schmidt, p. 85, indicates "the Greifenklau Vicedom". This would then have to have been Friedrich von Greiffenclau zu Vollrads , who, however, left office in 1682.
  3. ↑ In addition, it was in the bridgehead on the right bank of the Rhine around Mainz-Kastel , where French law also applied (Schmidt, map.).
  4. ↑ The matrimonial property law of the Mainz Landrecht provided that, in the event of the marriage being dissolved, one third of the property would go to the woman and two thirds to the man. The Darmstadt Regional Court therefore denied that this provision was compatible with the principle of equal rights of the Basic Law (Erler, Sp. 201).

Individual evidence

  1. ^ So in the edition of 1755.
  2. ↑ Erler, Sp. 199.
  3. ↑ Saur, pp. 22-37.
  4. ^ Saur, pp. 2-21.
  5. ↑ Erler, Sp. 199.
  6. ^ Schmidt, p. 85.
  7. ↑ Erler, Sp. 199.
  8. ↑ Schmidt, p. 85; Erler, Sp. 199.
  9. ^ Schmidt, p. 85, note 95.
  10. ↑ Erler, Sp. 199.
  11. ↑ Schmidt, p. 86; in the legal literature in particular on: Johann Philipp Orth: Nöthig- and useful-considered comments ... The so-called Renewed Reformation of the city of Franckfurt am Mayn. Additions of many important and strange matters, including their appendices and additions, which are a useful addendum for a further elucidation and elaboration, as well as obscuring most of the remarks made about the so-called renewed Reformation of the city of Frankfurt am Main and consisting of five strong volumes or gleanings can serve. In which not only some of this imperial city's history, age, prestige and privileges, but also an old statute book from 1532 and the following years, the first Reformation of 1509 and finally an old police order that was chamfered towards the middle of the fifteenth century, including a number of newer Council ordinances, every now and then, completely indented and printed. Then there is also a general and complete main register, which is drawn from the special registers of the foremost matters contained in each volume of Oberwenter Notes, brought together as far as possible, in its own main article, along with appended additions, and thus the former has improved and changed many places. Frankfurt 1731-1775.
  12. ↑ So explicitly the publication decree: Schmidt, p. 85, note 96.
  13. ↑ Schmidt, p. 84; Erler Sp. 200.
  14. ^ Schmidt, p. 109.
  15. ↑ Erler, Sp. 201.
  16. ^ Schmidt, p. 84, note 92.
  17. ↑ Erler, Sp. 200.