Savignys Theorie der juristischen Tatsachen

[Savigny’s Theory of Juridical Facts]

Thiago Reis

Studien zur europäischen Rechtsgeschichte 282
Savignyana 12
Frankfurt am Main: Klostermann 2013. XII, 214 p.

ISSN 1610-6040
ISBN 978-3-465-04148-1

The differentiation between law and facticity belongs to the central tasks of jurisprudence. In the legal recognition of social facts lies a core aspect of juridical work, which has always been critical when it comes to the limits of law being newly defined. Savigny’s notion of juridical facts as a category defined these limits within the modern science of private law into the early 20th century. This work focuses on how Savigny dealt with what is factual in law and shows which scientific-historical challenges were connected with it at the birth of legal modernity. This work was distinguished by the City of Frankfurt with the Walter Kolb Memorial Award for outstanding dissertations.

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