Die naturrechtlichen kodifikationen der habsburgermonarchie als modernisierungsprozess

Authors

  • Wilhelm Brauneder (Wien) Instituto para la Historia legal y Constitucional, Viena

Abstract

A constant in the legal culture of the European continent is the fixation of law. Again and again attempts are made to simplify the old former legal bodies through the issuance of new texts. In this task, which lasts from Justinian to the codifications of the nineteenth century, Austria has a prominent place. The criminal encodings should be remarked (Strafgesetz), in 1803, and civil (ABGB), in 1811. The AGO, the procedural law code of 1781, anticipated the civil and criminal codes. With it was opened for the first time in Europe the way for a codification separated from the civil law. Irradiation of the Austrian encoding is multiple; the criminal code, with subsequent amendments, ruled until 1974 and in Poland until 1932, and also influenced the codification of criminal law of the German states in the Swiss cantons and in Latin America. For more long ruled the ABGB, so that despite his subsequent laws have been passed on, is in force by 50% of their original paragraphs.    

Keywords:

Europe - codes - codification -Austria - criminal law