Christian Neschwara: Die Brnner Kompilationskommission und ihr Entwurf fr die Einleitung zum Codex Theresianus.Ein Beitrag im Hinblick auf 300 Jahre Maria Theresia This contribution, relying on preliminary publications, picks-up the performances rendered by the Commission for drafting the Codex Theresianus as a general Civil code for all Austrian hereditary provinces within the period between 17 at Brno.Europeanisation of legal scholarship and legal education facilitates the emergence of comparative legal science as a promising fresh tool to discover similarities and differences between two or more jurisdictions and their development in the past through their comparison.
First, to determine the objects of comparison and the sources of analysis, despite the variety of verbal shortcuts (the initial stage of research).Second, to analyse legal norms from the perspective of solving social problems in the past, to study the 'law in action'.Third, to arrange the results of the research according to meaningful criteria at the final stage. Beitrge zur Ausdeutung des traditionellen Familienmodells im ungarischen Ehegterrecht Dowry, as part of the married womens property was present in the traditional, than in the civil era of the civil law, independent of the nobility or other social standing.Keywords comparative legal history; methodology; functional method; European legal tradition; tertium comparationis; praesumptio similitudinis. Though Bni Grosschmid mentioned dowry as scant or incidental, still he made place for this institution as alternative for the womens free property in the first draft for the Civil Code (1900).The publisher of the Journal on European History of Law is the STS Science Centre Ltd. The European Society for History of Law closely cooperates with the STS Science Centre Ltd. At the same time, reviews of books with historical themes are being published.
It is assigned for law-historians and Romanists that want to share with their colleagues the results of their research in this field.
The author of this article aims to clarify this debate by examining the prospect of applying one of the most popular methods of comparative law the functional one in the domain of legal history.
On the basis of several examples from European legal past he claims that examining the functions (the social purpose) of legal norms can help legal historians in three ways.
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