Ospelt, Lukas (2024): Die Geschichte der Privatrechtsrezeption(en) im Fürstentum Liechtenstein. Gamprin-Bendern (Arbeitspapiere Liechtenstein-Institut, 85).

publication year:
2024
Author(s):
volume:
85

Abstract
This working paper deals with the development of the reception(s) of private law in the Principality of Liechtenstein from the early modern period to the early 21st century. The most important stages in the development of the law are the Landsbrauch of the 17th century, the drafting of a civil code by Landvogt Josef Schuppler in 1809, the reception of the Austrian ABGB in 1812, followed by the phases of automatic and autonomous reception of Austrian civil law, the so-called «break in reception» and the turn to Switzerland in the early 1920s. the turn towards Switzerland in the early 1920s, the vision of Liechtenstein’s own civil code (of which the property law in 1922 and the law of persons and companies in 1926), the activities of the Rechtsbuchkommission in the 1950s, the judicial reform in the 1970s and finally the revision project «200 years of the ABGB» between 2007 and 2012. The final part of the working paper contains comments on today’s Liechtenstein mixed legal system and the necessity of reception in the small state of Liechtenstein.

Keywords: ABGB, analogy, interpretation, Code civil, German Confederation, Landsbrauch, legal transplants, mixed legal system, Code of Obligations, personal and company law, reception of private law, legal history, reception, break in reception, Rheinbund, property law, ZGB, customs treaty.