Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process

The purpose of the article is a step-by-step review of the codification works on the Codex Theresianus conclusion of 1766 and the outlining of the structure and the analysis of the main content of all Draft Code revisions, as well as clarifying the significance of the reception of Roman law during...

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Main Author: Roman Savuliak
Format: Article
Language:deu
Published: STS Science Centre Ltd. 2023-11-01
Series:Journal on European History of Law
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Online Access:https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/186
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author Roman Savuliak
author_facet Roman Savuliak
author_sort Roman Savuliak
collection DOAJ
description The purpose of the article is a step-by-step review of the codification works on the Codex Theresianus conclusion of 1766 and the outlining of the structure and the analysis of the main content of all Draft Code revisions, as well as clarifying the significance of the reception of Roman law during its conclusion. Hence, the author outlined the general work schedule of the Compilation Commission in Brno, which contained the primary structure of the Draft of Codex Theresianus. So, the content of the revisions of the Draft Code text, developed by the Compilation Commission, the Legislative Commission headed by Josef Azzoni, and the Legislative Commission under the supervision of Hofrat Zenker, were considered. In the process of this research, the author identified certain differences in the structure and revealed the peculiarities of some provisions in different versions. The durability of the Roman tradition of civil-law institutions and the content of some of their norms and, accordingly, the connection of the civil-law doctrine of the Austrian Empire with Roman law have been ascertained. In addition, the article broadly presents an analysis of the state of research in Ukrainian historical and legal science, both modern and at the end of the 19th – beginning of the 20th centuries, history of the sources of law, including the Draft of Codex Theresianus, and individual institutions of civil law of the Habsburg monarchy.
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spelling doaj-art-dbe9c4b873c640d4b10eb7d226812ded2025-08-20T04:02:12ZdeuSTS Science Centre Ltd.Journal on European History of Law2042-64023049-90892023-11-01142Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion ProcessRoman Savuliak0Department of History of the State, Law and Political and Law Teachings, Lviv National University of Ivan Franko, Lviv; Ukraine The purpose of the article is a step-by-step review of the codification works on the Codex Theresianus conclusion of 1766 and the outlining of the structure and the analysis of the main content of all Draft Code revisions, as well as clarifying the significance of the reception of Roman law during its conclusion. Hence, the author outlined the general work schedule of the Compilation Commission in Brno, which contained the primary structure of the Draft of Codex Theresianus. So, the content of the revisions of the Draft Code text, developed by the Compilation Commission, the Legislative Commission headed by Josef Azzoni, and the Legislative Commission under the supervision of Hofrat Zenker, were considered. In the process of this research, the author identified certain differences in the structure and revealed the peculiarities of some provisions in different versions. The durability of the Roman tradition of civil-law institutions and the content of some of their norms and, accordingly, the connection of the civil-law doctrine of the Austrian Empire with Roman law have been ascertained. In addition, the article broadly presents an analysis of the state of research in Ukrainian historical and legal science, both modern and at the end of the 19th – beginning of the 20th centuries, history of the sources of law, including the Draft of Codex Theresianus, and individual institutions of civil law of the Habsburg monarchy. https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/186Codex Theresianus Maria Theresacivil codecodificationCompilation CommissionLegislative Commission
spellingShingle Roman Savuliak
Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process
Journal on European History of Law
Codex Theresianus
Maria Theresa
civil code
codification
Compilation Commission
Legislative Commission
title Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process
title_full Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process
title_fullStr Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process
title_full_unstemmed Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process
title_short Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process
title_sort codex theresianus of 1766 codification works structure main content and significance of roman law reception during its conclusion process
topic Codex Theresianus
Maria Theresa
civil code
codification
Compilation Commission
Legislative Commission
url https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/186
work_keys_str_mv AT romansavuliak codextheresianusof1766codificationworksstructuremaincontentandsignificanceofromanlawreceptionduringitsconclusionprocess