Attempts to Unify and Codify Private Law during the Period of the Inter-war Czechoslovak Republic
Attempts to Unify and Codify Private Law during the Period of the Inter-war Czechoslovak Republic
Author(s): Adriana Švecová, Miriam LaclavíkováSubject(s): History of Law
Published by: STS Science Centre Ltd
Keywords: unification; codification; the first Czechoslovak Republic; received law; ABGB; general private law; Slovakia; drafts of the Czechoslovak Civil Code; a legal custom
Summary/Abstract: On the basis of the received law, Act no. 11/1918 Coll. the First Czechoslovak Republic incorporated two legal systems – the Austrian and the Hungarian. The most important task of the state administration was the fastest possible unification of the two received legal systems which established, de facto, a new Czechoslovak law. The unification (realized by means of codification) in the field of private law had a particular importance, where, on the one hand, there was applied the ABGB, and, on the other hand, in Slovakia and Carpathian Ruthenia there was applied the customary law, being constantly improved by the judicial practice, and decisions of the Curia and partial legislation were also applicable. The purpose of the present study is to briefly and, if possible, the most concisely determine the main lines and the main issues of unification and codification of the private law in the inter-war Czechoslovak Republic while taking into account the formal diversity of the received laws (ABGB versus legal customs and decisions of the Curia, i.e. generally binding rulings of the Royal Hungarian Curia (curia regis)).
Journal: Journal on European History of Law
- Issue Year: 6/2015
- Issue No: 2
- Page Range: 72-77
- Page Count: 6
- Language: English
- Content File-PDF