Law of heraldic arms
The coat of arms law governs the authority to conduct crest. It is a recognized by the case law common law strictly private and not explicitly regulated by law. In Germany, however, the Supreme Court (RG) and later (BGH ) have recognized many years of case law, the equal treatment of legal protection of the emblem with the protection of the name.
Protection of the emblem
The protection of the family crest done then analogous to that of the name on § 12 German Civil Code ( BGB). This paragraph provides: " If the right to use a name the claimant disputed by another, or is the interest of the claimant thereby violating that another unauthorized uses the same name, the person entitled may require the other removal of the interference. Are other impairments, he may sue for an injunction. " It follows that, even if unauthorized management of an existing family coat of arms, the beneficiary may sue for an injunction. This is now well-established legal conviction.
Incidentally, today's German statutory law leaves the coats of arms - with the exception of the same name protection - unregulated. Family law and inheritance of the German Civil Code do not contain any provisions on the authorization for the acquisition or management and dissemination of a family crest, nor the trademark law. Nevertheless, the coat of arms is in the right place not behind the statute law; it is " law " within the meaning of Article 20 § 3 of the Basic Law and " rule of law " within the meaning of Article 2Vorlage. kind / Maintenance / buzer Introductory Act to the German Civil Code ( BGB ).
History
Habit Legally family coat of arms were passed from father to all illegitimate children, but led the daughters of the father's coat of arms only until her marriage. From then on, they brought the coat of arms of the husband, if he had one, or none of them led. Married women were able to have her father and the husband the arms together, either in a split or squared label or in two mutually facing shields ( marriage or alliance coat of arms ). For non -marital lineage the right to bear the paternal coat of arms consisted only in the case of legitimation by subsequent marriage ( legitimatio by matrimonium subsequens ) or the official declaration of legitimacy.
In earlier times existed to bear a coat of arms legally binding. So even knew the " General Land Law for the Prussian States " from 1794, a protective noble family crest Certain. "No one noble family coat of arms is allowed to use, which does not belong to the family, which is either expressly settled this coat of arms, or the same from ancient times has led. " Since 1918, but the State has not seen a need to subdue the crest right of legal regulation.
Because the coats of arms is derived from the military, initially led only nobles (and their Ministeriale) a coat of arms. Mostly it was them in the ennoblement of the Emperor or of a prince who awarded; Families of Uradels often took it on themselves. Later, however, also adopted clerics ( bishops ), institutions (eg the cathedral chapter, monasteries, cities, universities) and even bourgeois and peasant coat of arms or were those awarded. In the 13th century can be bourgeois coat of arms and in the 14th century even crest of free farmers prove. From the beginning of Arms were adopted out of free legal and out. Place only from the mid-15th century until 1711 in the election capitulations German Emperor of the attempt to suppress the free adoption and to make the power to crest management of sovereign ceremony dependent - without the Emperor would it have been very successful.
Adoption of a coat of arms
In Germany there since the end of the monarchy in 1918, no coat of arms or crest confirmation ceremony more. The coat of arms assumption not subject to approval. The right to accept a coat of arms is always legally responsible person, provided it be touched no foreign rights. The adoption of a coat of arms is performed by ( informal ) Foundation, which means the unilateral declaration of a particular, from a Herald or self-designed coat of arms should be their own and the family. It requires no administrative or judicial involvement.
It should be noted that the new coat of arms any existing balances ( exclusivity principle ). Can someone on a coat of arms earlier rights, the later crest donor must give way. The coat of arms adopted must be emblazoned right, and it must be by entry in a coat of arms role - to be published or in any other appropriate manner - for example, the association Herold, of Heraldic Society " to clover". The publication by the " Herald " takes place in the book series German coat of arms role (so far 72 volumes): Who wants to use a foreign coat of arms, must obtain the owner's permission.
The founder, in a coat of arms statutes determine the circle of those who are to be entitled to use the emblem. It makes no special provision, the descendants are entitled to leadership in the male line according to traditional custom. Women lead - at its option - the father's or husband's crest. A crest donor is free, however, to provide for the continuation of the crest in the female line.
Austria
In the old Austria the right to bear noble coat of arms by the patents from March 1, 1631 January 19, 1765, November 28, 1826 and July 26, 1833 was protected and regulated. The hereditary coat of arms capability was a noble attribute that could be granted even without noble ceremony. The last civic coat of arms letter was issued on 28 May 1818. The final coat of arms confirmation for a commoner took place in 1907. As a result, the new bourgeois coat of arms copy letters was set on the grounds that the crest is a noble attribute.
Nobles owners of orders could decorate their family coat of arms with the order decoration, but only in person, not on the arms of the family members. The leadership of coats of arms by non- crest -capable people was punished with fines as arrogance.
The leadership of coats of arms was also granted earlier with simultaneous explicit prohibition nobility. In Nobilitierung the adoption of the arms of another family could be granted. In the coat of arms ceremony special grace mark could be awarded to the insignia. The right to use two helmets consisted of knights, the three helmets from the baron. The ranking crowns ( barons and earls ) were placed directly on the plate below the helmets. A central shield was only from the baron on permissible. Plate holder (in single needle) and coat of arms Proverbs ( foreign exchange) were bound to the approval of the Ministry of Interior.
With the needle repeal Act of 3 April 1919, the nobility, honor its external advantages and the related titles and dignities of Austrian citizens have been lifted (§ 1) in Austria. "The leadership of these noble names, titles and dignities is prohibited. " (§ 2) With the " completion statement [ ... ] of 18 April 1919 on the abolition of the nobility and certain titles and dignities " were with the § 2 and Others repealed: " the right to bear hergebrachter coat of arms of noble name and surname" ( line 3 ) and " the right to keep family coat of arms, especially the falsely " bourgeois " said crest [ ... ] " ( line 5 ).
Nevertheless crest today in the applicable civil law have a probative value than existing boundary markers with property divisions and boundary walls of adjacent land ( § 854 Civil Code).
In practice, traditional family coat of arms are still frequently performed, which is also approved tacitly by the state. A right to special protection, such as within the meaning of trademark or copyright, "old" coat of arms, however, did not enjoy such.
In addition, a legal protection applies if a merchant (company) leads his family crest as a trademark and has acquired the trademark for this. An offense against the Trademark Act of May 24, 1929 by he who puts goods on the market, which are denoted by unauthorized persons with the protected crest or slightly modified.
Switzerland
The Swiss Shield law offers no special protection for family crest. But subject to the usual rules of copyright, which is to be considered in a possible re-use of family crest.