Die Rechtslage des Grundbesitzes im Spiegel der Lehre von der Heiligen Krone

Gedeon, Magdolna (2020) Die Rechtslage des Grundbesitzes im Spiegel der Lehre von der Heiligen Krone. AGRÁR- ÉS KÖRNYEZETJOG / JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL LAW, 15 (29). pp. 51-65. ISSN 3058-0447

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Abstract

In relation to the Doctrine of the Holy Crown there are two opposing views. In one of the opinions the state power and the lands belonged to the Holy Crown, and for this reason the decisions about the lands had to be made by the ruler and the orders together. In the other opinion the state power and the lands belonged to the ruler, and for this reason the relation between the king and the person who was donated with a land was a private legal connection. Although the mineral resources originally belonged to the Holy Crown, in the course of time the Habsburg rulers achieved that they could dispose alone, without the consent of the orders, over the mine revenues. In this way, by the 18th century, the relation between the king and the mining contractors became a private legal connection. Comparing the rules of the Bergregal and the rules related to the lands we can conclude that the lands belonged to the Holy Crown, and not to the ruler.

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