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Schleswig-Holstein Court Records: Difference between revisions
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Even to this day, there are some aspects of the Jütish law which take precedence over the German BGB (federal law) i.e., regarding Lehen und Stammgüter (fiefs), Erbpachtrecht (laws re. fee-farms), Anerbenrecht (inheritances by law of entail), Wasserrecht (water rights), Deichrecht (dike rights), Jagdrecht (hunting rights), Zwangs- und Bannrecht (jurisdiction rights) as well as Haftung des Staates und der Gemeinden (liability of state and communities). See http://de.wikipedia.org/wiki/J%C3%BCtisches_Recht | Even to this day, there are some aspects of the Jütish law which take precedence over the German BGB (federal law) i.e., regarding Lehen und Stammgüter (fiefs), Erbpachtrecht (laws re. fee-farms), Anerbenrecht (inheritances by law of entail), Wasserrecht (water rights), Deichrecht (dike rights), Jagdrecht (hunting rights), Zwangs- und Bannrecht (jurisdiction rights) as well as Haftung des Staates und der Gemeinden (liability of state and communities). See http://de.wikipedia.org/wiki/J%C3%BCtisches_Recht | ||
'''Holstenrecht -''' A criminal and civil law (unwritten) in the tradition of the Germanic laws. With time parts of the newer Saxon laws (Sachsenspiegel) were integrated. Jurisdiction was built on parishes. In some villages of the Wilster- and Kremper marsh areas, earls exercised jurisprudence according to the Hollisch Recht. Additionally, in all Holstein cities the Lübische Recht was administered. The | '''Holstenrecht -''' A criminal and civil law (unwritten) in the tradition of the Germanic laws. With time, parts of the newer Saxon laws (Sachsenspiegel) were integrated. Jurisdiction was built on parishes. In some villages of the Wilster- and Kremper marsh areas, earls exercised jurisprudence according to the Hollisch Recht. Additionally, in all Holstein cities the Lübische Recht was administered. The monasteries and the manor lords exercised their own interpretations of the law. The adoption of the Roman Law began in the 1500s. In the 19th century some alterations were passed due to the dissolvement of the German Empire (1806). In 1834 new administrative and judicial structures occurred and in 1866 the entire system was restructured. See: http://.schleswig-holstein.de/LGITZEHOE/DE/Historisches/Historisches_node.html | ||
'''Lübisches Recht -''' Lübeck received Stadtrecht (elevation to a city)in the year 1160. The Lübeck council created the Lübisch Recht. It contained the ideas of Westfalian laws, Holstein laws and as far as sea rights were concerned adopted base lines from the Vikings and the Gotland Asscociation of Visby. It was the only German city law which maintained its German based laws to the end of the 19th century. There are various cities throughout Schleswig-Holstein with Lübisch Recht. | '''Lübisches Recht -''' Lübeck received Stadtrecht (elevation to a city)in the year 1160. The Lübeck council created the Lübisch Recht. It contained the ideas of Westfalian laws, Holstein laws and as far as sea rights were concerned adopted base lines from the Vikings and the Gotland Asscociation of Visby. It was the only German city law which maintained its German based laws to the end of the 19th century. There are various cities throughout Schleswig-Holstein with Lübisch Recht. | ||