十九世纪末德国继承法的特点

S. V. Kolosok
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引用次数: 0

摘要

考察了1896年《德国民法典》规定的继承的特点。分析了19世纪末德国法律下的继承学说和继承类型。分析了德意志帝国民法典世袭改革的目的,论证了德意志帝国民法典世袭改革的目的在于克服德意志土地世袭制度的多样性。总结起来,这一目标的实现是由于形成了统一的规范体系,该体系以德国法律的传统为基础,并充分考虑到新兴资产阶级的利益。改革的结果是克服了德国的世袭分裂,包括在对世袭关系的管理采取综合办法方面。本文总结了1896年《德国民法典》关于继承法的规定的特殊性,其特点在于保存具有封建特征的秩序(在土地所有权领域)和资本主义秩序(在遗嘱继承领域)之间的明显矛盾。19世纪末的继承法有助于普鲁士市民经济地位的巩固,也有助于德意志帝国大资本的形成和巩固。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Features of inheritance law in Germany at the end of the XIX century
The features of inheritance in Germany under the Civil Code of 1896 are investigated. The doctrines of inheritance and types of inheritance under German law of the late nineteenth century are analyzed. The purpose of the hereditary reform of the Civil Code in the German Empire is analyzed and the conclusion is substantiated that it consisted in overcoming the diversity of hereditary systems of the German lands. It is summarized that this goal was achieved as a result of the formation of a unified system of norms, which was based on the traditions of German law, and also sufficiently took into account the interests of the emerging bourgeoisie. As a result of the reform, hereditary fragmentation in Germany was overcome, including in connection with an integrated approach to the regulation of hereditary relations. Conclusions are presented regarding the peculiarities of the regulation of inheritance law under the German Civil Code of 1896, which were distinguished by a visible contradiction between the preservation of orders having feudal features (in the field of land ownership) and capitalist (in the field of inheritance by will). It is also revealed that the inheritance law of the late nineteenth century contributed to the strengthening of the economic position of the Prussian burghers and contributed to the formation and strengthening of large capital in the German Empire.
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