„Freier Mann im freien Staat". Persönlichkeitsschutz in der Schweiz
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Sibylle Hofer [1]
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[1] University of Bern
University of Bern
Bern/Berne/Berna, Suiza
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- Localización: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung, ISSN 0323-4045, Nº 136, 2019
- Idioma: alemán
- Títulos paralelos:
- „Freier Mann im freien Staat" . The Protection of Legal Personality in Switzerland
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Resumen
The Swiss Civil Code (1912) guarantees a comprehensive protection of legal personality. In this respect there exists a fundamental difference to the civil code of Germany (1900). The difference can be traced back to the 19"' century when in Switzeriand legal personality was not merely understood as an abstract legal entity, bul rather as an expression of citizenship. The protection of legal personality therefore included the protection of personal freedom. This freedom was not only understood to protect a person's capacity to act in his legal sphere, but also to protect his polítical rights and for this reason democracy Resulting from this understanding it became self-evident that the protection of legal personality had to be comprehensive. This concept pervades Eugen Huber's writings and especially his legislative contributions to the creation of the Swiss Civil Code. Thereby he constructed a model which was particularlv referred to by prominent public law scholars later in times of Political crisis (the 1940s).
