The Legal Regulation of Treausure between Austrian civil code 1811 and Czechoslowak proposal civil code 1937 Or There and Back Again

Vol.21,No.2.5(2013)

Abstract
The text presents changes of legal regulation of treasure ownership. Whereas the enacted text of ABGB (Austrian Civil Code 1811) divided the treasure in thirds (one of them belonged to the state), since 1846 was the whole treasure divided between the finder and the owner of land (each received one half). This division was taken over in the first draft (1931) of Czechoslovak Civil Code. However, the second draft (1937) reintroduced the division in thirds, but the purpose was different – protection of archaeological discoveries. The value of the discoveries was already not only the value of metal or artistic work, but they served as a source of scientific testimony of live in the period.

Pages:
269–275
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