The Research On The General Civil Code Of Austria Of 1811

The general civil code of Austria of 1811,together with the Prussian general state law of 1794 and the French Civil Code of 1804,is called the three classical rational natural codes of the civil law system.Among them,The general civil code of Austria o not only creatively puts forward the principles of general right ability and legal loophole filling based on the concept of "freedom and equality" of rational natural law,but also applies the method of rational natural law to the codification of the code,which promotes the development of the method of Legal Systematization.Therefore,a thorough study of the general civil code of Austria of 1811,combing its theoretical contribution and historical influence,is conducive to clarifying the development track of rational natural law in the civil law system on the construction of modern civil code and the movement of modern codification.The general civil code of Austria of 1811 is the product of the era of rational natural law.Under the influence of rational natural law,the concept of subjective rights based on individualism philosophy is permeated in Austrian common civil code,and the legal method begins to change from practical law to rational construction law.As the theoretical basis of Austrian civil code,rational natural law provides value concept and methodology guidance for the compilation of the code.Among them,"father of Austrian civil code" Martini and Zeiller’s natural law theory directly influenced the formulation of civil code.The general civil code of Austria keeps the reasonable factors in Roman law and makes the tradition of "Roman natural law" positive.At the same time,the compilation of The general civil code of Austria of 1811 has gone through half a century,from the Theresia code,the Holten draft to the martini draft,which was finally promulgated and has been used up to now.Compared with Prussian general state law and French civil code in the same period,the general civil code of Austria has its unique theoretical contribution.The general civil code of Austria originated from the ancient legal ladder,and Gaius’ s legal ladder style was reformed to make it become the compilation of man and thing.In the formulation of legal principles,the code goes beyond the feudal imperial era,and creatively puts forward the principle of general capacity for rights and the principle of filling legal loopholes.In the construction of the rules of private law,the Austrian common civil codeadopts the broad concept of property and ownership to understand the creditor’s rights as the property rights,so as to avoid the new concept types being excluded from the law.At the same time,the code established the wrong distinction mode,on the one hand,it protected the ideologue,on the other hand,it protected the relative person,and realized the balance of interests.The promulgation of the general civil code of Austria of 1811 unified the civil law in Austria,expanded the influence of the codification movement and consolidated the achievements of the codification movement.Although the general civil code of Austria did not creatively put forward general principles,its preamble began to briefly describe the general theory of law.No matter in theory or form,it has the rudiment of the general part,which further promotes the formation of the general part of the civil code.Based on the systematic method of the formation of rational natural law,the code focuses on the use of abstract legal concepts and the expression of general legislative principles,which promotes the development of legal science.