Všeobecný soudní řád Josefa II. a jeho knižní tisky z let 1781/82
The General Code of Procedure of Joseph II and Its Printed Versions from 1781/1782

Summary/Abstract: The General Code of Procedure of Joseph II was chronologically the first outcome of codification activities of Habsburg monarchs in the second half of the 18th and the beginning of the 19th centuries. The Code represents the first modern code attempting to avoid the then existing territorial, personnel and subject-matter particularism of the relevant part of the legal order. The Code of Procedure regulated only contested proceedings. It was promulgated on 1st May 1781 and became effective on 1st January 1782. Uncontested proceedings were separately regulated in 1785. Its two last chapters served as the Code of Practice for lawyers and as the basic regulation of the qualification, moral and service standing of judges. The translation of the German text (the main author being Swiss lawyer J. H. von Froidevo) into the Czech language was done by J. V. Zlobický who was the first professor of the Czech language and literature at the Vienna University from 1775, and simultaneously served as an officer at the Supreme Court. The printing of books containing both language versions was assigned to the Vienna Court typographer, publisher and paper manufacturer J. T. Trattner. Prague typographer and bookshop owner J. N. Schönfeld became interested in publishing the Czech text first, subsequently he printed also the German version. At the end and as a result of competition between these two publishers, there were five editions of the Joseph_s Code, three in German – one of them published in Vienna in 1781, the other two in Prague in 1781 and 1782, the former being totally unavailable; two editions were published in Czech – one in Vienna and the other in Prague, both in 1781. The first German edition published in Prague has not been preserved since the government ordered its destruction. The Prague editions, historically for the first time, interfered with the existing legislator’s monopoly over the distribution of the promulgated law. For the first time the law of a codex nature was published as a book for the Czech lands not only in the seat of the legislator and by the typographer designated thereby, but also in “another German hereditary land” upon the application of a private person. Courts having jurisdiction over, and located in Bohemia and Moravia had the Czech version of the Code at their disposal at the moment of its effect, which was significant for the application of the Code as it allowed (sec. 13) that the language common in the territory might be used by parties and lawyers, i.e. the language other than that of the legislator. The Joseph’s Code also became the first code printed in the official collection of legal regulations issued in the non-Hungarian part of the monarchy. This happened in 1786 when the first volume of Justizgesetzsammlung was edited and the Code was assigned No. 13 JGS. The publication was only in German and made by Schönfeld who was awarded a ten-year privilege to publish the collection in 1785.

• Details
• Contents