Municipal law

municipal law (see. To soft picture right, see Wigbold), originally the imperial or nationalwonderful Privilegium, whereby a municipality was raised to the city; then epitome of the right sets, also contrary to the Landrecht, valid in a city, which mostly ofone specified to the national rule.

The municipal law usual in the Central European area probably originally decreases/goes back to Italian models, which were aligned for their part at the traditions of the urban autonomy of the Roman antique ones.

In the today's German-speaking countries there is no more municipal law inactual sense, i.e. the autonomy in the cities national principles regulate and/or. Laws of the Lands of the Federal Republic (see.Gemeindeordnung). The municipal law award, i.e. the collection of a municipality to the city, is exercised in Germany today likewise by the Lands of the Federal Republic and arranges themselves primarilyafter the tasks, the one municipality takes over and/or. to take over can.

Table of contents

history of the German municipal law

the meaning of the German municipal law within the holy Roman realmGerman nation as a condition in the international comparison special of the urban autonomy as well as in connection with the German east settlement in the Middle Ages and not least the exemplaryness of the German municipal law for city (new) establishments in the Eastern European area, justify an emphasis of the German municipal law traditionin relation to municipal law history in other areas.

Municipal rights originated in to 10 in Germany since that. Century, and it were standardized thereby not only private law conditions, but also thes subject of the public right. Often the right of a city became more or less completelyfrom others rezipiert; so municipal rights of Soest, Dortmund, Minden, Münster and other westfälischen cities, completely particularly however municipal rights of Magdeburg, Luebeck and Cologne. The Lübi municipal law was thereby for his part of the Soester right derived.

The Lübi right won the coastal lines from Schleswig up to the easternmost German settlements, farm servant citizens the right inland until the Böhmen, Schlesien, the Slowakei and Poland in and spread as Kulmer right over completely Prussia in the sense of the German medal country. In Poland was farm servant citizen the municipal law the generally obligatory.

The municipal law played an important role during the German east settlement in the Middle Ages: Kolonisten were enlisted under the condition (or it settled independently) that it into thatknew their own right kept by them created places. Municipal rights were taken over only later also by cities, whose population was not no longer German-language (east Poland, Lithuania, western Russia) or (Böhmen, Mähren among other things).

From the today's point of view it is remarkable thata closed settlement into different municipal law areas to quite be divided could. Numerous today's German cities developed from such settlements, which originally covered several cities in the sense of right (e.g. Hildesheim, Braunschweig).

The assumption of a municipal law usually meant the acknowledgment thatdelivering city as right suburb; e.g. Magdeburg was right suburb for the cities with farm servant citizen right. The there juror chair decided thereby on right ambiguity in the cities beliehenen with the farm servant citizen right. So is it among other things also to explain that determined municipal rightsunder different names admits are, although they originally originate from the same source: The name does not mark then the original right origin, but the recognized right suburb.

Due to the transformation of territorial conditions as well as the right terms changes of municipal rights became necessary. Thus developedin the course 15. , 16. and 17. Century at many places improved municipal rights, “reformations so mentioned”, whereby however under effect of the lawyers more and more Roman right was interfered. Last old municipal rights had at the same time with the own jurisdictionand the autonomy of the cities up to poor remainders of the authority of the national gentlemen yield. With the realm deputation main conclusion 1803 also nearly everything was mediatisiert up to then 51 realm-free cities, subordinated thus to a national rule. With the remaining free cities Frankfurt, Bremen, Hamburg and Luebeck are in the long run converted the municipal law into self-national right. Only for families - and vomit have themselves individual statutes of old municipal rights (statutes) up to the entry into force of the BGB at the 1. January 1900 receive.The today's rights of the cities Hamburg, Bremen and Berlin are federal state laws.

municipal law internationally

literature

  • Meyers encyclopedia, 4. Edition of 1888-1890. (Source of the origin version of the article)
  • HAASE, Carl (Hg.): The city of the Middle Ages. Bd.1: Term, emergence and propagation. Darmstadt (Wiss. Buchges.) 1978.
  • ISENMANN, Eberhard: The German city in the late Middle Ages, 1250-1500, municipal law, right, city regiment, church, society, economics (UTB for science, large one row), publishing house Eugen Ulmer, Stuttgart, 1988.
  • PATZE, Hans: Town foundation and municipal law. In: Quiteand writing in the Middle Ages. Hg. v. Peter Classen. (Lectures and research 23). 1977. S. 163 - 196.

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