Eugen Huber
Eugen Huber ( born July 13, 1849 in Oberstammheim, Canton Zurich, † April 23, 1923 in Bern ) was a Swiss jurist who wrote the Swiss Civil Code.
Life
Huber, whose father was a doctor, studied law at the University of Zurich. He took his doctorate in 1872 with a thesis on "The Development of Swiss inheritance law since the separation of the Swiss Confederation of the Holy Roman Empire ". In 1873 he was editor-in- aid at the NZZ, later Council reporters of the House of Parliament and in 1876, at age 27, editor in chief. However, due to differences with the Liberal Party in 1877, he took a job as a judge in Trogen ( canton of Appenzell Outer Rhodes ) to. In 1881 he was at the University of Basel professor of Swiss federal government, private law and Swiss law history. From 1888 he was professor at the United Friedrich University of Halle, where he taught historical legislation, civil law, commercial law, church law and legal philosophy.
During this time, he summed up the private law of the individual cantons together in a four-volume work. In 1892 he was commissioned by the Federal Council to draw up a preliminary draft of the Swiss Civil Code (CC ). For this reason he moved to the Chair of Swiss and German law at the University of Bern. His work on the Civil Code, he finished in 1904 with the final design, which is submitted to the Federal Council of the Federal Assembly. The parliamentary sessions that lasted from 1905 until the ( unanimous ) final vote on 10 December, 1907. On January 1, 1912, the Civil Code came into force.
On September 4, 1894, the Swiss Lawyers Association to publish a collection of the incurred until 1798 in the territory of Switzerland sources of law decided that collection of Swiss legal sources. Huber was in addition to the Federal Judge Charles Soldan and the time in Freiburg i Br teaching German studies and canonists Ulrich Stutz Member of the Preparatory Commission source of law, which was passed by the Basel legal and constitutional historian Andreas Heusler.
In his first marriage he was married to Lina Weissert from Heilbronn ( 1851-1910 ).
Huber rests on the Bernese Bremgarten cemetery.
Work
" The greatest service to the realization of law are due to the community members that realize without further tuition, in silence with their behavior the law. "
Huber's Civil Code was considered the most modern law book in Europe. It was an ethical and philosophical reasoned synthesis of European and cantonal rights. In Article 1, paragraph 2, the judge is asked for legislative gaps even as a legislator ( " modo legislatoris " ) to decide: Can the law there is no provision be removed, then shall the judge in common law and, where such is lacking, according to the usually decide that would set it up as a legislator. With this reference to Kant's categorical imperative Huber corresponded to Swiss law understanding. They founded the creative jurisprudence of the Federal Supreme Court.
The influence of the Civil Code went far beyond Switzerland. In 1926 it served Kemal Atatürk, the father of modern Turkey, as a model for the new piece of legislation of his country. The Koran -oriented jurisprudence, was superseded by the Swiss Civil Law, which was adopted with only minor adjustments. The legal acquisition also included the modern inheritance and family law of the Civil Code with a.
Anniversary celebration and exhibition
On December 10, 1907, the Federal Parliament adopted the Swiss Civil Code (CC ) by Eugen Huber. For its 100th anniversary, a celebration event was held on 10 December 2007 the National Council Chamber, in which various professors of law, the Civil Code, acknowledged as a seminal work that has shaped the legislation in different countries.
A traveling exhibition on the history and meaning of the Civil Code was set up on December 10th on the federal court and by the end of the session in the Parliament building. She was later made available to the university law faculties and other interested institutions.