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Habsburg Law : ウィキペディア英語版
Habsburg Law

The Habsburg Law (''Habsburgergesetz'' (in full, the Law concerning the Expulsion and the Takeover of the Assets of the House Habsburg-Lorraine) ''Gesetz vom 3. April 1919 betreffend die Landesverweisung und die Übernahme des Vermögens des Hauses Habsburg-Lothringen'') was a law originally passed by the Constitutional Assembly (''Konstituierende Nationalversammlung'') of German Austria, one of the successor states of dismantled Austria-Hungary, on 3 April 1919, which legally dethroned the House of Habsburg-Lorraine as rulers of the country which had declared itself a republic on 12 November 1918, exiled them and confiscated their property. The Habsburg Law was repealed in 1935 and the Habsburg family was given back its property. However, in 1938, following the Anschluss, the Nazis reintroduced the Habsburg Law and again confiscated the Habsburg family's property and banned the family from the country.
The law has been found to violate human rights, and for this reason, Austria was forced to repeal large parts of it, notably the ban on members of the Habsburg family entering Austria, before being admitted into the European Union in the 1990s.〔http://www.telegraph.co.uk/news/worldnews/europe/germany/1455082/Habsburgs-demand-return-of-estates-seized-by-Nazis-in-1938.html〕 After a report by the Organization for Security and Co-operation in Europe (OSCE) criticized Austria of denying members of the Habsburg family running for President of the country, this provision was also withdrawn in June 2011 by the Austrian parliament. Although the law still remains in force, it is considered largely obsolete, with the notable exception of the confiscation of the family's property in force since 1938.〔http://www.austria.com/stichwort-habsburger-gesetz-habsburger-paragraf/apa-1144493706〕
== First Republic ==

On 11 November 1918, Emperor Charles I, counseled by ministers of his last Imperial Royal government as well as by ministers of German Austria, issued a proclamation relinquishing his right to take part in Austrian affairs of state. On the following day, the Provisional National Assembly (Provisorische Nationalversammlung) of German Austria, which claimed authority over the German-speaking portions of the western half of the Habsburg realm (mostly the Danubian and Alpine provinces) proclaimed Deutschösterreich a republic (and a part of the new German republic).
In the night after his abdication Charles I and his family left stately Schönbrunn Palace in Vienna and moved to Schloss Eckartsau east of the city, then belonging to the Habsburg Family Funds. There he was visited by a Hungarian delegation and on 13 November signed a similar proclamation for the Kingdom of Hungary. However, Charles did not formally abdicate, intending to retain his freedom of action in case the Austrian people recalled him. The new republican government, uncomfortable with this situation, gave Charles three options: (1) abdicate formally and remain in Austria as a private citizen, (2) leave the country or (3) be interned.
With the help of Lieutenant Colonel Edward Lisle Strutt, a British officer sent by George V of the United Kingdom, who was shocked by the fate of his Russian relatives, on 23 March Charles and his family departed from Eckartsau for Switzerland in the former Imperial train, Charles wearing a field marshal's uniform. Before crossing the border on the morning of 24 March 1919, and changing into civilian clothes, he revoked his waiver in the ''Feldkircher Manifest''. Then on 3 April, the German-Austrian parliament, on the initiative of Chancellor Karl Renner, passed the Habsburg Law.
The law stripped the Habsburgs of their sovereign rights and banished all Habsburgs from Austrian territory. Charles was barred from ever returning to Austria again. Other Habsburgs were only allowed to return if they renounced all dynastic claims and accepted status as private citizens. Those assets of the state that had been under the administration of the imperial court, the so-called ''Hofärar'', were placed under the government's management. The private funds and family funds of the House of Habsburg, common family property administered by the respective head of the house, were expropriated and transferred to the state property. Personal private property was preserved.
Also on 3 April, the nobility was abolished in German Austria, with the Law on the Abolition of Nobility.
The family demanded that various endowments and funds be placed at their disposal as personal private property; in response to this, and to clear up ambiguities related to this, the Habsburg Law was amended on 30 October 1919, retroactively from 3 April, expressly recording which of the claimed funds or endowments in particular were to count as expropriated.
When the Austrian Constitution came into force in 1920, the Habsburg Law was made a constitutional law. However, the provisions of the Habsburg Law concerning expropriation were expressly not brought into force in Burgenland in 1922 (as well as the Law on the Abolition of Nobility) when it became part of Austria. This was intended to turn the Burgenland aristocrats (who included members of the Habsburg family) more pro-Austrian, for pragmatic reasons. The oddity of a constitutional rule not applying to the whole republic was only "repaired" in 2008, when a federal constitutional law declared that by 1 January 2008 the Habsburg Law in total is valid wherever in Austria.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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