{"title":"Features of the codification works on the Josephine Code of 1787","authors":"R.V. Savuliak","doi":"10.24144/2788-6018.2023.04.5","DOIUrl":null,"url":null,"abstract":"The author considered the peculiarities of the codification process of concluding the Josephine Code of 1787 in the Habsburg monarchy. At the same time, first of all, the state of the scientific research of the specified problem was analyzed both in the science of the history of Austrian law, in the 19th century and in modern, as well as in Ukrainian historical and legal science. The article reveals the prerequisites for concluding the Josephine Code as a result of the revision of the Draft of Codex Theresianus of 1766. The main focus of the study is on highlighting the stages of long-term codification work on the Josephine Code, namely, such as: presentation of expert comments on the Draft, lectures-responses to them by the Legislative Commission under the leadership of Hofrat Zenker, remarks of the conceptualist of the State Council Johann Bernhard Horten on these lectures-responses, consultations-discussions of the Draft in the State Council and consultations of the Legislative Commission headed by J.-B. Horten.The article provides examples of opposition to the adoption of the Josephine Code, in particular the demand for the complete abolition of Roman law as the source of law of the Habsburg monarchy. Particular attention is paid to the legal and technical guidelines, principles of such revision established in the patent of Empress Maria Theresa on the revision of the Draft of Codex Theresianus of 1772.The author revealed the influence of Emperor Joseph II on the final adoption of the first part of the Josephine Code (on personal law), which provided for the rights of individuals and, most importantly, regulated marriage and family law, namely the relationship between spouses and parents and children, as well as the institution of guardianship. In addition, the article describes the structure of the first part of the Code. Moreover, the author clarified the peculiarity of the name of this legislative act and clarified the name of its original source. In conclusion, the author substantiates the historical and legal significance of the Josephine Code.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"15 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analìtično-porìvnâlʹne pravoznavstvo","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24144/2788-6018.2023.04.5","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The author considered the peculiarities of the codification process of concluding the Josephine Code of 1787 in the Habsburg monarchy. At the same time, first of all, the state of the scientific research of the specified problem was analyzed both in the science of the history of Austrian law, in the 19th century and in modern, as well as in Ukrainian historical and legal science. The article reveals the prerequisites for concluding the Josephine Code as a result of the revision of the Draft of Codex Theresianus of 1766. The main focus of the study is on highlighting the stages of long-term codification work on the Josephine Code, namely, such as: presentation of expert comments on the Draft, lectures-responses to them by the Legislative Commission under the leadership of Hofrat Zenker, remarks of the conceptualist of the State Council Johann Bernhard Horten on these lectures-responses, consultations-discussions of the Draft in the State Council and consultations of the Legislative Commission headed by J.-B. Horten.The article provides examples of opposition to the adoption of the Josephine Code, in particular the demand for the complete abolition of Roman law as the source of law of the Habsburg monarchy. Particular attention is paid to the legal and technical guidelines, principles of such revision established in the patent of Empress Maria Theresa on the revision of the Draft of Codex Theresianus of 1772.The author revealed the influence of Emperor Joseph II on the final adoption of the first part of the Josephine Code (on personal law), which provided for the rights of individuals and, most importantly, regulated marriage and family law, namely the relationship between spouses and parents and children, as well as the institution of guardianship. In addition, the article describes the structure of the first part of the Code. Moreover, the author clarified the peculiarity of the name of this legislative act and clarified the name of its original source. In conclusion, the author substantiates the historical and legal significance of the Josephine Code.