Common right

as common right becomes today above all the Roman-canonical right of the Middle Ages, which understood early modern times and modern times, like it first starting from that 11. Century in the science, later also in the law practice was European-wide taught and used.

Table of contents

customary law 4 Zurückdrängung

of the common

right 5 Common Law [ work on]. The Romans created a very highly developed right in the antique one, us today particularly in thatLaw work corpus Iuris Civilis remained.

In the time of the people migration substantial parts of the Roman right were forgotten. Starting from that 11. Century was again again discovered much of it and worked on scientifically (see: Irnerius, Glossator). Centuries long studied beginning lawyers in completely Europealmost exclusively Roman right. Thus the Roman right was thus taught generally (= commonly).

The lawyers so trained at the Roman right became active after the conclusion of their training vocationally in the most diverse offices. There began they, the Roman right, which they had learned to use. Thusa process began, in that the scholarly Roman right into the lived law practice penetrated and there before the existing customary law displaced (so-called. Rezeption). Also this process thus again generally carried out itself in completely Europe .

canonical right

to the common right becomesfurther the canonical right counted (= right of the catholic church). Humans in the Middle Ages and in the early modern times were very gläubig. The catholic church had therefore a great many trailers, very much power and influence, substantially more still than today. It had at that time among other thingsan extensive jurisdiction. Today the catholic church has also still jurisdiction, however the authority of the jurisdiction of the catholic church is by far no longer comprehensive today so. The catholic church had created an extensive own church right, which one in the Middle Ages and in the early modern timesin today the “corpus so mentioned Iuris Canonici “finds. The canonical right was likewise like the Roman right subject to university studies. It was taught parallel to the Roman right (whereby one must say that the canonical right has a great many purchases to the Roman right. Beginning one Lawyers could study either canonical right or Roman right or both rights. Also instruction in the canonical right European-wide, thus generally took place.

The catholic church existed in the Middle Ages also in completely Europe. It was already in the late Middle Ages and in the early modern times oneuniform, central organized, completely Europe comprehensive organization. And therefore also used in completely Europe the canonical right, thus again generally.

local customary law

the contrast to the common right, thus the right, that comprehensively more or less for all humans inEurope (!) , was the local customary law applied. This was differently laid down as the Roman right and differently than the canonical right not in writing. It resulted from lived right conviction (“that we made always already in such a way. ”). That accordingly also the most different regions in Europe hadthe most different customary laws. The customary laws applied thereby thus straight not generally.

Like already represented the common right was taught first scientifically on the universities. The church always used the canonical right. Within the lay range however centuries long customary law was used (and notthe common right taught in the universities). Only during centuries a persisting process it succeeded to the studied lawyers to carry the common right into the law practice. An important milestone was here for example 1495 the created realm Court of Appeal, the then highest court in the holy Roman one Richly German nation. The realm Court of Appeal should fall in principle after the common right its judgements, and only in exceptional cases after local customary law. This procedure of the penetration of the common right into the law practice one calls Rezeption. Within some ranges of Europe this happened in former times (Italy, Southern France), inother (Germany), England opposed later however the application of the common right very strongly. Starting from that 16. One can say century approximately that the common right was used completely also in the courts Europe (except the English Common Law).

Zurückdrängung of theCommon right

however 16 developed starting from that. Century also Gegentendenzen. At this time one began to take the local right habits again more strongly into the view and to set these more strongly regarding the common right. In the epoch of the custom modernus for example gaveit then common right of French coinage, common right of Dutch coinage etc. The most important in common-legal-national right system was however the Ius Romano Germanicum, the Roman-German right. However was the basic existence of the common right further much coining/shaping.

The right development walked however further away to a splintering of theCommon right: In the clearing-up time (especially. 18./19. Century) the rules of the common right were submitted in accordance with the maxims of the clearing-up of an examination. The rules had to correspond to the laws of the reason. In addition individual countries began to issue national laws and thus evenly to no more thatCommon right as basis of their law practice to recognize, also at the universities was then more or less taught against-striving the national right. Thus developed for example as important laws: the code civil, the Prussian general Landrecht (ALR), the österreichsche ABGB. A late birth of theseTime is also the German civil law book (BGB). However these laws all are based far away on the common right, because the rules in these law books developed all together in scientific argument with the common right and decrease/go back to this. Also according to the decree all thisLaws at the universities the common right was further taught.

Today there are only few areas, where the common right is in validity. As one of the last areas (however with large reservations) South Africa can be perhaps called. The common right came by Dutch Discoverer and colonial gentlemen to South Africa. Later Englishmen displaced the dutchmen and partly put its Common into force Law, which overlaid and changed the common right. Today a mixing juridical system consists of common right and Common Law in South Africa, whereby the Common Law the common rightoverlaid. Many South Africans are also not at all aware of its that the bases of their right and the institutes for right, which use it have in common-legal origin.

Common Law

finally is said still another word to the Common Law. Common Law is called in the translation likewise“common right”. However the English Common Law is its own juridical system, which formed to a large extent independently of the Roman-canonically coined/shaped common one right of Continental Europe (represented as above).

The roots of the English Common Law lie in the Middle Ages in the Anglo-Norman time. There it gave upthe soil of England different customary laws, over whose application found local noble one. The normannischen kings however sent mounted judges, who around-traveled generally speaking country and began with it to speak royal right a uniform (common). This uniform right could itself against the different localRight habits implement, so that the medieval England received a uniform right, common a Law.

Differently than in continental Europe the Englishmen, supported by the royal Common Law, were able it a comprehensive, to create independent right which was sufficiently open also for innovations. As then thatRoman-canonical right its triumphant advance by completely Continental Europe began, existed in England because of the juridical system already trained no more necessity to take over Roman-canonical rules. Therefore the Rezeption of the Roman right was missing in England. (Differently however the right development in Scotland turned out. The Scots took overthe Roman-canonical common right.)

England became in the colonial age a controlling world power. It introduced its Common Law also to the colonies, so that immediately globally in very many areas the Common Law arrived in validity. This remained also very frequently after end of theColonialism so, when the former colony from the motherland loosened themselves England. Today spanning in a very large number of countries the Common Law applies for that accordingly.


  > German to English > (Machine translated into English)