Title: Historické premisy a mantinely kodifikácie občianskeho práva hmotného v Uhorsku
(Historic Premises and Limits of the Codification of the Hungarian Civil Substantive Law)
Abstract: Drafting and adopting the Hungarian Civil Code was the greatest challenge in the so-called Transleithanian area during the existence of the Austro-Hungarian Dual Monarchy. Despite the dilligent work of the main government body involved in the legislative works, the Ministry of Justice, the draft of the Civil Code (1900) was only brought for public discussion until the end of the 19th century. In the centre of the author’s attention is a brief insight into the commencement of the codification process during the dualist era which started right after the Austro-Hungarian Compromise of 1867, by the decision of the Ministry of Justice to swiftly initiate the civil substantial law codification in 1869. The readers will get acquainted with the historical and processual side of the works on the Civil Code Draft of 1900 which, even after hundred years, is still an interesting object of studies for its originality, legal creativity, and European nature which reflected the fact that the Hungarian civilists and lawmakers were well-established in the European community of lawyers.
Author: ŠVECOVÁ, Adriana
DOI: 10.17846/SHN.2021.25.1.47-70
Publication order reference:
Trnavská univerzita v Trnave, Katedra dejín práva, Hornopotočná 23, 918 43 Trnava, Slovak Republic, mail: adriana.svecova@truni.sk
Source: Studia Historica Nitriensia, year: 2021, vol.: 25, number: 1, pages: 47-70
Key words: Dualism; Development of Law; Kingdom of Hungary; Civil Code Draft of 1900; Codification; Legislative Process; Civil Substantial Law; The Civilist Doctrine;
Language: SLOVAK