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The concept of moral person in the codification efforts of the 18th century

Publication at Faculty of Law |
2011

Abstract

The article analyzes and explains the inconsistent legal terminology used in the Austrian General Civil Code (ABGB, enacted in 1811) concerning what we nowadays understand as a "legal person". The terminology of ABGB used a legal term "moral person" in addition to terms like a "moral body", "body", "community" or "municipality".

The article explains the origins of the inconsistent terminology that rooted in unsuccessful codification attempts which had taken place in Austria before the ABGB was adopted.