Palatinate land law

The Palatinate Land Law (also: Kurpfälzisches Landrecht ) was the particular right of the Electoral Palatinate .

history

Emergence

The Palatinate Land Law was a record of the customary law applicable in the Electoral Palatinate and also applicable law there. The record was made at the end of the 16th century and was first published in 1582. Extensive use was made of the Württemberg land law of 1555. In 1610 the Palatinate Land Law was published again in a slightly revised form. In addition, the common law applied , insofar as the Palatinate Land Law did not contain special regulations for a matter.

The variant of the Palatinate Land Law from 1610 remained valid in some of the former Electoral Palatinate areas throughout the 19th century, for example in the Starkenburg province of the Grand Duchy of Hesse . There it was only replaced on January 1, 1900 by the civil code that was uniformly valid throughout the German Empire . In the province of Rheinhessen, on the other hand, it was replaced by the Cinq codes under French rule at the beginning of the 19th century and in the Grand Duchy of Baden by the Baden Landrecht of 1810.

In the Grand Duchy of Hesse

Local validity

In the Grand Duchy of Hesse, the Palatinate Land Law was applicable in the following areas:

• Oberamt Otzberg , including the former Palatinate part of the Umstadt office :
  • Birkert (Habitzheimer side)
  • Dilshofen
  • Mrs. Nauses
  • Large rooms
  • Habitzheim
  • Hassenroth
  • Hetschbach
  • Heubach
  • Lengfeld
  • Medium-tiny
  • Nieder-Kainsbach
  • Lower blades
  • Upper blades
  • Ober-Naus
  • Otzberg
  • Language bridges
  • Forest Amorbach
  • Wiebelsbach
  • Zeilhard
• In the former Palatinate part of the Lindenfels office :
  • Affolterbach
  • Pfaffen-Beerfurth
  • Bonsweiher
  • Ellenbach
  • Erlenbach
  • Gras-Ellenbach
  • Hammelbach
  • Lauten-Weschnitz
  • Lindenfels
  • Ober-Laudenbach
  • Ober-Schönmattenwag
  • Schlierbach
  • Siedelsbrunn
  • Unter-Scharbach
  • elections
  • Waldmichelbach
• In the part of the Hirschhorn office , which was formerly a condominium of the Worms Monastery and the Speyer Monastery as the Neckarsteinach Office in the Old Kingdom , and in Neckarhausen , which had formerly belonged to the Electoral Palatinate and there to the Heidelberg Upper Office . The area there, in which Palatinate land law applied, included:
  • Darsberg
  • Grein
  • Langenthal
  • Neckarhausen
  • Neckarsteinach
• In the former imperial knighthood possessions of those von Dalberg , von Ulner von Dieburg and von Belderbusch :
  • Albersbach
  • Igelsbacher Höfe
  • Kreiswald (courtyard)
• As in
  • Grain sand (yard)
  • Knoblochsaue (in parts of the area)

Partial validity

In the areas taken over by the Grand Duchy of Hesse from the Bishopric of Worms , only a few matters of the Palatinate Land Law were valid, such as its inheritance law . With a general on March 9, 1759, the government of the bishopric had ordered this for the whole bishopric. It was about the areas

• Office Lampertheim :
  • Hofheim
  • Lampertheim
  • Nordheim
• Zimmerhofer Feld

In addition, the matrimonial property law of the Palatinate Land Law was applied in customary law in the former Lampertheim office . However, this particular law was no longer known to the locally responsible Lorsch District Court at the end of the 19th century - so it had ceased to apply under customary law.

literature

expenditure

• Elector Ludwig VI. von der Pfalz (ed.): Chür-Furstlicher Pfaltz Landt-Recht . Spies, Heydelberg 1582.
• Elector Ludwig VI. (Ed.): Chur-Fürstlicher Pfaltz Landt-Recht . Harnisch, Newstadt an der Hardt 1594.
• Elector Friedrich IV. (Ed.) : Electoral Palatinate near Rhine renewed and improved land law . Vögelin, Heidelberg, 1611 [!].
• Electoral Palatinate near Rhine renewed and improved land law . Walter, Heydelberg 1657.
• Elector Johann Wilhelm (ed.): Churfürstlicher Pfaltz bey Rhein [et] c. Renewed and Improved Land Law . Mayr, Weinheim 1700.

Secondary literature

• Bernd-Rüdiger Kern : The court regulations of the Kurpfälzer Landrecht of 1582. Böhlau, Cologne 1991.
• Arthur Benno Schmidt : The historical foundations of civil law in the Grand Duchy of Hesse . Curt von Münchow, Giessen 1893.

Remarks

1. ↑ The Zimmerhofer Feld was an uninhabited exclave of the Grand Duchy of Hesse near Wimpfen , which was also Hessian at the time . The responsible district court in Wimpfen was also not aware of a single case in which the special law could have been applied there. At the same time, the possibility of theoretical application was an excellent opportunity for contemporary lawyers to fill in footnotes in specialist literature (Schmidt. P. 111, note 57).

Individual evidence

1. ^ Schmidt, p. 75.
2. ^ Schmidt, p. 76.
3. ↑ Schmidt, p. 110.
4. ↑ Schmidt, s. 110.
5. ^ Schmidt, p. 16.
6. ↑ Schmidt, p. 110.
7. ↑ Schmidt, p. 110.
8. ^ Schmidt, map (formerly Umstadt condominium).
9. ↑ Schmidt, p. 110.
10. ↑ Schmidt, p. 110.
11. ^ Schmidt, p. 110 (formerly Kondominat Umstadt).
12. ↑ Schmidt, p. 110.
13. ^ Schmidt, map (formerly Umstadt condominium).
14. ^ Schmidt, map (formerly Umstadt condominium).
15. ↑ Schmidt, p. 110.
16. ↑ Schmidt, p. 16 (proportionally formerly Kondominat Umstadt).
17. ^ Schmidt, p. 110 (formerly Kondominat Umstadt).
18. ^ Schmidt, p. 110 (formerly Kondominat Umstadt).
19. ^ Schmidt, map (formerly Umstadt condominium).
20. ^ Schmidt, map.
21. ↑ Schmidt, p. 110.
22. ^ Schmidt, map.
23. ^ Schmidt, map (formerly Umstadt condominium).
24. ↑ Schmidt, p. 110.
25. ^ Schmidt, p. 16, map.
26. ^ Schmidt, map.
27. ^ Schmidt, map.
28. ^ Schmidt, map.
29. ^ Schmidt, map.
30. ^ Schmidt, map.
31. ^ Schmidt, map.
32. ^ Schmidt, map.
33. ^ Schmidt, map.
34. ^ Schmidt, map.
35. ^ Schmidt, map.
36. ^ Schmidt, map.
37. ^ Schmidt, map.
38. ^ Schmidt, map.
39. ^ Schmidt, map.
40. ^ Schmidt, map.
41. ^ Neckarsteinach, Bergstrasse district . In: LAGIS , historical local dictionary; As of October 16, 2018.
42. ↑ Schmidt, p. 110.
43. ↑ See: here
44. ^ Darsberg, Bergstrasse district . In: LAGIS , historical local dictionary; As of October 16, 2018.
45. ^ Grein, Bergstrasse district . In: LAGIS, historical local dictionary; As of October 16, 2018.
46. ^ Schmidt, map.
47. ^ Schmidt, map.
48. ↑ Schmidt, p. 111 and note 55.
49. ^ Schmidt, p. 16.
50. ^ Schmidt, p. 16, not entered on the enclosed map.
51. ↑ Schmidt, p. 111.
52. ^ Schmidt, map.
53. ^ Schmidt, map.
54. ^ Schmidt, map.
55. ^ Schmidt, p. 111, map.
56. ↑ Schmidt, p. 111.
57. ↑ Schmidt, p. 112.
58. ↑ Referred to in the catalog of the Heidelberg University Library .