Cheerful

Mouth or munt , f. (from Germanic : mundō 'hand, protection'), also cheerfulness , means “(legal) protection, screen, guardianship” and is a central term in personal law in the Middle Ages . It describes the "power of a muntlord over a specific group of people in the household".

etymology

The word Munt is derived from ancient Germanic mundō (f.) With the meaning 'hand, protection', cf. Old English , Old Norse and Old Saxon mouth . The word exists as a loan word from Old Franconian or Old High German in several European languages, including the Latin mundium, in French mainbour 'guardian' (from Latin mundeburdium , cf. correspondingly Old High German muntboro ) and Polish mund . It is related to Latin manus 'hand', Welsh mwn 'glove' , Middle Irish montar, muinter 'legitimate wife', and ancient Greek μάρη márē , German 'hand' .

Meaning and history

The Munt is the forerunner of our current care law . The Muntherr (today: Guardian ) took over the protection and liability of the Muntling (today: Ward ). The most important group of people was the house (the family) , through which the wife and children were subject to the master of the house. Apart from the duty of protection, for example in the form of representation in court, munt violence has given rise to a large number of rights. The male guardianship over female family members included not only the agreement of marriages , but also the right to chastisement or even killing in the case of violations of norms or adultery (compare in this respect: pater familias ).

The servants , if any, were also under the violence.

Sons became self-sufficient when they founded their own household . This term has been shortened too mature . From the Middle Ages was true for men reaching general of the 21st anniversary as a firm date to reach the maturity . This meant that an adult son could do business independently.

Daughters of the landlord left the Munt when they got married and then entered the Munt of the husband ( Muntehe ) . The Muntschatz is the bride money to be paid to the bride's father in order to separate the wife from the legal association. This legal tradition was continued into the 19th century: “General statements about the ' woman as a legal person ', i.e. H. the recognition of their ability to be independent bearers of rights and duties is sought in vain in private law sources of the 19th century. "

Special forms of Munt

A special form of the Munt was anchored in the king's protection for clerics , merchants and Jews ( Judenregal ) as well as for widows and orphans . This Königsmunt established "master rights to persons". The bailiff also exercised the mood.

Before the Civil Code came into force, it was possible under state law to declare a person to be silenced .

literature

Erich Bayer, Frank Wende: Dictionary of history. Terms and technical terms (= Kröner's pocket edition. Vol. 289). 5th, redesigned and expanded edition. Kröner, Stuttgart 1995, ISBN 3-520-28905-9 , p. 385 (only of age and own household).
Erich Molitor: On the development of the Munt. A class historical investigation. In: Journal of the Savigny Foundation for Legal History (ZRG) . German Department. Vol. 64, 1944, ISSN 0323-4045 , pp. 112-171, doi: 10.7767 / zrgga.1944.64.1.112 .
Georg Waitz : About the importance of the mundium in German law. In: Georg Waitz: Collected treatises. Volume 1: Treatises on German constitutional and legal history. Edited by Karl Zeumer . Dieterich, Göttingen 1896, OCLC 311437755 , pp. 369-381 ( Textarchiv - Internet Archive ).

Individual evidence

↑ mouth. In: Jacob Grimm , Wilhelm Grimm (Hrsg.): German dictionary . tape 12 : L, M - (VI). S. Hirzel, Leipzig 1885, Sp. 2683 ( woerterbuchnetz.de ).
↑ ^a ^b ^c Lea Hawranek: Munt violence. (No longer available online.) In: uni-due.de. University of Duisburg-Essen , March 21, 2011, archived from the original on April 6, 2017 ; Retrieved April 5, 2017 .
↑ Mark-Alexander Grimme: The development of the emancipation of women in the history of family law up to the Equal Rights Act 1957 . With special consideration of the history of the creation of the Civil Code (= European university publications. Series 2 / Law . Volume 3624 ). Lang, Frankfurt am Main [a. a.] 2003, ISBN 3-631-39860-3 , pp. 107 (Zugl .: Göttingen, Univ., Diss., 2002).
↑ mouth . In: Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 9 , issue 7/8 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1995, ISBN 3-7400-0982-9 , Sp. 973-975 ( adw.uni-heidelberg.de ).
↑ Ute Gerhard : The woman as a legal person - or: How different are the sexes? Insights into 19th century jurisprudence . In: Journal of the Savigny Foundation for Legal History . German Department. tape 130 , no. 1 . Savigny Verlagsgesellschaft, August 2013, ISSN 0323-4045 , p. 281-304 .

[1] uth. In: Jacob Grimm , Wilhelm Grimm (Hrsg.): German dictionary . tape 12 : L, M - (VI). S. Hirzel, Leipzig 1885, Sp. 2683 ( woerterbuchnetz.de ).

[Glossar-2] Lea Hawranek: Munt violence. (No longer available online.) In: uni-due.de. University of Duisburg-Essen , March 21, 2011, archived from the original on April 6, 2017 ; Retrieved April 5, 2017 .

[3] Mark-Alexander Grimme: The development of the emancipation of women in the history of family law up to the Equal Rights Act 1957 . With special consideration of the history of the creation of the Civil Code (= European university publications. Series 2 / Law . Volume 3624 ). Lang, Frankfurt am Main [a. a.] 2003, ISBN 3-631-39860-3 , pp. 107 (Zugl .: Göttingen, Univ., Diss., 2002).

[DRW-4] uth . In: Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 9 , issue 7/8 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1995, ISBN 3-7400-0982-9 , Sp. 973-975 ( adw.uni-heidelberg.de ).

[5] Ute Gerhard : The woman as a legal person - or: How different are the sexes? Insights into 19th century jurisprudence . In: Journal of the Savigny Foundation for Legal History . German Department. tape 130 , no. 1 . Savigny Verlagsgesellschaft, August 2013, ISSN 0323-4045 , p. 281-304 .