MVV408K Legal and Constitutional History of Austria in the 19. and 20. Century

Faculty of Law
Autumn 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Dr. Kamila Staudigl-Ciechowicz, LL.M. (seminar tutor), doc. JUDr. Bc. Jaromír Tauchen, Ph.D., LL.M. Eur.Int. (deputy)
Guaranteed by
doc. JUDr. Bc. Jaromír Tauchen, Ph.D., LL.M. Eur.Int.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV408K/01: Wed 23. 10. 14:00–15:40 S125, 16:00–17:40 S125, 18:00–19:40 S125, Thu 24. 10. 10:00–11:40 S125, 12:00–13:40 S125
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 24 student(s).
Current registration and enrolment status: enrolled: 0/24, only registered: 65/24
fields of study / plans the course is directly associated with
there are 60 fields of study the course is directly associated with, display
Course objectives
The goal of the course is to introduce the main trends in the development of the state and law in the Czech lands and in Austria and thus allow the students to understand contemporary Czech law and its genesis in a broader context. The course chiefly aims to: allow the students to understand the formation process of key areas of private and public law; explain the development of crucial institutes of private law in various disciplines of private law; explain the origin of the term 'private law'; acquaint the students with the historical incentives for the introduction of a constitutional regime; explain the historical roots of the movement to enshrine civic rights and liberties; outline the key aspects of modern constitutions and allow the students to comprehend the importance of the codifications of the 18th and 19th century for the development of continental law.
Learning outcomes
At the end of the course students should be able to: understand to the development of Austrian private and public law from the era of codification at the end of the 18th century up to today; analyse the social changes in 20th century in Austria and they influence on the law; identify reception of Roman law on the beginning of Modern Times; analyse causes of legal regulations and their cohesion with; compare development of law in Austria and in the Czech Republic and in neighbouring countries.
Syllabus
  • Outline
  • 1.Development of the Austrian monarchy as a single state until the beginning of the 19th century;
  • 2.Unification of law (main focus - civil law);
  • 3.Formation of the Empire of Austria as a modern constitutional state (constitutional situation in the pre-March - constitutionalism 1848/51;
  • 4.Developments in the field of private law (ABGB);
  • 5.Absolutism 1852/60;
  • 6.Constitutional Development to 1918 (return to constitutionalism in Cisleithania - expansion of the constitutional system by the end of the monarchy (focus on parliamentary and electoral law -Fundamental rights and rule of law);
  • 7.Developments in the field of private law (ABGB, the partial amendments);
  • 8.Disintegration of the Austro-Hungarian Monarchy: legal and constitutional development in the countries (mainly Austria) and 1938;
  • 9.Austria as a part of the German Reich until 1945;
  • 10.Restoration of Austria in 1945, constitutional development until the independence of the State Treaty of Vienna 1955 and development in the field of private law. -
  • -
  • -
  • The course covers the development of law from 1740 to the 1980s. On the one hand, the course focuses on the constitutional development of the 19th and 20th centuries in particular on voting rights, the rule of law and fundamental rights. On the other hand, starting with the codification movement of the late 18th century, the development of private law is examined with a focus on family law and inheritance law up to the major family law reforms of the late 20th century.
Literature
    recommended literature
  •  R. C. van Caenegem, An historical introduction to private law, Cambridge (print: 1992/online:2010).
  • OLECHOWSKI, Thomas. Introduction to Austrian and European legal history. Translated by Ramon Pils. First edition. Vienna: Facultas, 2021, 264 stran. ISBN 9783991113959. info
Teaching methods
Lecture, class discussion, working out particular theme.
Assessment methods
The "Colloquium" for the course consists of one (at least) five-page homework on selected topics of the course.
Language of instruction
English
Further Comments
The course is taught only once.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2024/MVV408K