Codex Maximilianeus Bavaricus Civilis

The Codex Maximilianeus bavaricus Civilis ( CMBC ) ( " Bavarian Maximilian Civil Code " ) from 1756 is a historic Bavarian piece of legislation. The "Bavarian Land Law " designated codification came to the validity of the Civil Code on January 1, 1900 except force.

Genesis

The focus of the Bavarian legislation lay with the land rights and the country's orders. The latter included, in particular what is today understood criminal, police and public law; among them Duke Ludwig Landshut Provincial Code of 1474, the Provincial Code of 1516 and its revision in 1553 are counted. The land rights, however, contained more private law norms. The first (above ) Bavarian Land Law of 1346 and its Reformation from 1518 contained no complete private legal system, according to current presentation. The Land Law of 1616 approaches more or less a comprehensive settlement of civil law, still existed until the 18th century, the need for a self-contained private law system. The Codex Maximilianeus bavaricus Civilis of 1756 is loud Helml both the climax and the conclusion of this development dar.

Maximilian III. Joseph, Elector of Bavaria, inherited from his father, Karl Albrecht an exhausted by war secondary state whose army and finances were in a deplorable state. Soon led Maximilian III. Measures in order " to improve the internal affairs of the state and to make it more efficient " In this regard can be understood " the codification as a tool for control of political power." However, the state reform also meant a legal reform, whose " immediate impetus (...), the 1749 and 1751 published parts of the project of the Corporis Juris Fridericiani " were.

Under the reign of the Elector Maximilian III. is Codex Maximilianeus bavaricus Criminalis 1751 published, 1752 comment thereto; the Codex Judiciarii in 1753, 1754 observations. 1756 came the most extensive part of the codex Maximilianeus bavaricus Civilis, in force; ( with 4 parts and over 800 paragraphs ) in the following years to 1768, the five-volume observations appeared. These three law books were " a self-contained work" and made over several decades as the "foundation of the Bavarian law " "Despite the more ancient ( and repulsive in criminal law ) trains is this legislation a worthy prelude to the coming great codes " in 1785 appeared in addition a change order.

Wiguläus Xavier Aloysius Baron von Kreittmayr

These laws, comments and remarks were all the work of Wiguläus Xavier Aloysius Baron von Kreittmayr, Vice Chancellor since 1749 " Kreittmayrs task and work was to write up the unreadable become law of his time in Bavaria in useful forms -. A job, to which only someone like him could dare with extensive knowledge, wide-ranging erudition and unusual diligence " Kreittmayr mastered this him in 1750 assigned task " masterful "and" in a remarkably short time " have achieved fame Kreittmayrs legal works finally as" entertaining right reading, "because of its " grainy sometimes even bawdy " humor and because of its tight style which was then called the artless and crude.

The CMBC

Through the CMBC, the " main work Kreittmayrs " and " the oldest German comprehensive, that is in itself understandable Private Law Code, " was the older legislation ( such as the Land Law of 1616. ) Lapsed, although according to Kobler the Land Law of 1616 " prerequisite and basis numerous standards of CMBC is, (...) even if only tacitly. " The Roman law, however, was still the alternative, in case of a gap in the law or the interpretation of the Codex. Important features of the CMBC are its comprehensiveness and that the sources of the common law subsidiary validity was still zunerkannt. The intent of the CMBC was the valid right to collect. Thus, the CMBC contained little new right, but only the older, both common and statuary law; (as it is called in the patent publication ) to Pöpperls opinion would Innovations in conservative Bavaria met with criticism and rejection and were therefore hidden and therefore " fundamental changes only gently " were addressed. The CMBC " can be seen as a beginning of enlightened reforms with a be more considered of predictability of justice and legal certainty " He was " longer than it was an independent Bavarian state, namely until 1900, when all territorial civil rights were superseded by the Civil Code " Thus, it was the CMBC to the last Bavarian codification of private law.

Although the Codex originated in the time of the late natural law and as "the first comprehensive codification of natural law age" applies, the comments were more influenced than the CMBC itself by natural law influences; CMBC in itself is from natural law only " [ to ] the idea of ​​a comprehensive record of the law, [ the ] attempt to bring this into a system, and [ the ] quest for generally more comprehensible phrase" to feel. Kreittmayr seemed natural law " to be rather vague and in his premises to arbitrary" to be to displace the Roman law; should instead be the natural law only apply as justice scale. From the method here, the local and the common law to join, the Codex stands near the usus modernus.

The commentary on the CMBC, who became the " standard work of civil law " and was used much outside of Bavaria, had three objectives: to design the CMBC to justify its regulations and to prove and finally, to create a textbook. The comment has awarded the judicature of law, equal authority.