Das antike griechische und römische Recht im Spiegel des Werks von Béni Grosschmid (1851–1938), dem Begründer des modernen ungarischen Privatrechts

Földi, András (2024) Das antike griechische und römische Recht im Spiegel des Werks von Béni Grosschmid (1851–1938), dem Begründer des modernen ungarischen Privatrechts. ANNALES UNIVERSITATIS SCIENTIARUM BUDAPESTINENSIS DE ROLANDO EÖTVÖS NOMINATAE - SECTIO IURIDICA, 62 (1). pp. 27-50. ISSN 0524-899X

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Abstract

It is not widely known even among Hungarian legal scholars that Béni Grosschmid, founder of modern Hungarian private law dealt much also with classical Athenian law and Roman law. Grosschmid devoted four papers to the Athenian intestate succession. On the basis of analysis of two speeches (Isaeus 11, [Pseudo-] Demosthenes 43) concerning the Hagnias estate, Grosschmid concludes that, according to Athenian court practice, the heir, other than the male descendant, not only had to survive the de cuius, but also had to obtain an adjudicative judgment of the court in his favour in order to have the estate passed from him to his heir. Not considering the Romanists, Grosschmid referenced Roman law more often than any other Hungarian jurist, each time in a fully competent manner. In addition Grosschmid also wrote works on Roman law. The most important of these is his 153-page analysis of the ancient Roman law of the portio debita. Grosschmid’s attitude towards Roman law was marked by a certain ambivalence. In connection with his conservative and nationalist mentality, he gave signs both of admiration and of aversion towards Roman law. The view, according to which Grosschmid was not particularly interested in the works of the Pandectists, needs to be fine-tuned. In his main work (Chapters of Hungarian law of obligations), Grosschmid referred to Windscheid in at least 107 places. Further research would be needed to clarify why Grosschmid almost avoided quoting the works of Jhering.

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