Solms land law

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Solmser Landrecht, title page of the edition from 1571

The Solmser Landrecht is a collection of laws from the 16th century. It is also referred to as the Solms court and land order .

Emergence

The Solmser Landrecht was commissioned by Count Philipp von Solms -Braunfels, whose main rulership was in the Wetterau and on the Lahn and who was also a member of the Wetterau Empire Counts College . The Solmser Landrecht was a systematized collection of the common law applicable in the county of Solms and beyond that in the Wetterau .

The solms-Laubach secretary Gerhard Terhell made the first draft . His draft consisted of a code of procedure and a land law , which was largely based on the common law practiced. This first draft has not been preserved. It was presented to the Frankfurt City Counsel Johann Fichard , the author of the Frankfurt Reformation . He found little to complain about in the procedural rules - they were correctly copied in other court codes. But he considered land law to be fundamentally in need of revision. He was then commissioned to revise the work himself. In 1569 he delivered the revised court order, in 1570 the revised land law. He not only incorporated local sources of the Wetterau , but also evaluated other legal collections, verifiably

This approach led to a strong Roman legal influence in Solms land law .

To compensate, so that the collection nonetheless reflected the law practiced locally in the county of Solms, he recommended that his work be compared with the Solms secretaries and bailiffs in order to accurately reflect the local customs - so that “this werck perfecte et absolute (dergleychen by Keynem Graven It was better done. ”This final editing was carried out in 1571 and the work went to press in the same year. The first edition sold out very quickly and was reprinted with minor changes. Numerous editions were to follow.

Structure and content

Johann Fichard kept the structure of the first draft. The placing of the procedural rules in front of the substantive law corresponded to the style of the time and was handled in this way in many legal collections of reception . Overall, the work looks more like a legal textbook than that of a legal text. Clarity in structure and language made it an immediate success. Because of its scientific quality, it was considered an excellent opportunity to train lay judges.

effect

Since the legal situation of the neighboring counties, which had come together in the Wetterau Grafenverein, was very similar, this collection of laws spread quickly in the Wetterau as a modern, systematized and printed form of applicable law. Local deviations were made public through local notices. In the county of Hanau-Munzenberg z. B. the collection of laws has been used since 1581 at the latest. The Landgraviate of Hessen-Butzbach , the Counties of Isenburg and Hanau-Lichtenberg (for the Babenhausen office ) and the Eppstein rule also officially introduced the Solms land law . It was also used in practice in parts of Upper Hesse , in Kurmainz and the county of Nassau - even without official publication.

Later printed editions appeared, which included the locally applicable deviations in appendices. The Solms land law remained in force until the entry into force of the Civil Code on January 1, 1900 as a particular law .

Advance notice and introductory decree refer to the fact that, according to the legal understanding of the time, imperial law was only applicable in a subsidiary manner, i.e. only if a local source of law on a legal question was not available or was silent. On the other hand, it is stated that the local customs were often not put down in writing and were therefore difficult to grasp for those seeking and applying the law. The Solms land law thus represents the attempt to preserve the traditional legal status with the - then - modern writing of law. In practice, however, the influence of Roman law and the fact that Solms land law was received far beyond the boundaries of the small county of Solms had the opposite effect: regional, if not supra-regional legal standardization. Because it was not only used in case law, but also as a template for further legislation. For example by Johannes Fichard himself for the Frankfurt Reformation of 1578, the Electoral Palatinate Land Law of 1582 and the Land Law of the Upper County of Katzenelnbogen of 1587.

Validity

Primary source of law

The Solms land law was considered the primary source of law

Subsidiary validity

The Solms land law was also applicable in subsidiary

Partial validity

Individual matters of the Solms land law were valid in the former Stolberg areas

This applied in particular to the areas of guardianship law , inheritance and matrimonial property law . Otherwise common law applied.

literature

expenditure

  • Philipp von Solms (ed.): Derer Graueschaffte [n] Solms vnnd Herrschaft Mintzenberg Court Order vnd Land Law . Johann Wolff, Frankfurt 1571.

Secondary literature

  • Bernhard Diestelkamp : Solms court and land order . In: Concise Dictionary of German Legal History , Vol. 4 (1990), Sp. 1702ff.
  • C. Fuchs: About the sources of the Solms land law . In: Journal for German Law and German Law , Vol. 17 (1857), pp. 292-320.
  • Christoph Ludwig Hertel: Legal and judicial constitution of the East Rhenish regions . In: Karl Albert von Kamptz on behalf of the Royal [Prussian] Ministry of Justice (ed.): Yearbooks for Prussian legislation, jurisprudence and legal administration . Volume 26, pp. 3ff.
  • Hermann Kersting: The special rights in the Electorate of Hesse. Collection of the Fulda, Hanauer, Isenburger, Kurmainzer and Schaumburg law, including the norms for the Buchische Quartier and for the cents mean sense, as well as the auxiliary rights recipients in the Principality of Hanau . Fulda 1857.
  • Victor von Meibom and Paul Roth: Kurhessisches Privatrecht . Elwert, Marburg 1858.
  • Wilhelm von der Nahmer : Handbook of the Rhenish Particular Law . Sauerlander, Frankfurt a / M. 1831, vol. 1, pp. XXXV ff.
  • Arthur Benno Schmidt : The historical foundations of civil law in the Grand Duchy of Hesse . Curt von Münchow, Giessen 1893.
  • Johann Gerhard Christian Thomas : The Oberhof in Frankfurt am Main and the Franconian law in relation to the same. An estate . Jägersche Buchhandlung, Frankfurt am Main 1841, pp. 105–108.

Remarks

  1. ↑ The validity in the rule of Heusenstamm was not undisputed in the legal literature (Schmidt, p. 106 and note 30).
  2. ^ The validity for Ober-Erlenbach was not undisputed in the legal literature (Schmidt, p. 106 and note 30).

proof

  1. ↑ Diestelkamp.
  2. ↑ Diestelkamp.
  3. ↑ Diestelkamp.
  4. ↑ Deviations for Hanau in: Kersting, p. 388
  5. ↑ Diestelkamp.
  6. ↑ Diestelkamp.
  7. ↑ Thomas Löhr: Kleinschmidt, Johannes . In: Neue Deutsche Biographie 12 (1979), p. 7 f; Thomas Löhr: History of the land law of the upper county Katzenelnbogen . Diss. Bonn 1976.
  8. ↑ Schmidt, p. 105 and Note 23.
  9. ↑ Schmidt, pp. 73f.
  10. ↑ Schmidt, p. 105 and Note 25.
  11. ^ Schmidt, p. 105.
  12. ^ Schmidt, p. 75, note 65.
  13. ↑ Schmidt, p. 105 and Note 26.
  14. ^ Schmidt, p. 106.
  15. ^ Schmidt, p. 106.
  16. ^ Schmidt, p. 106.
  17. ^ Schmidt, p. 106.
  18. ^ Schmidt, p. 106.
  19. ^ Schmidt, p. 106.
  20. ^ Schmidt, p. 106.
  21. ^ Schmidt, p. 106.
  22. ^ Schmidt, p. 106.
  23. ^ Schmidt, p. 106.
  24. ^ Schmidt, p. 106.
  25. ^ Schmidt, p. 75, note 65.
  26. ↑ Schmidt, p. 107.
  27. ↑ Schmidt, p. 108.