Colonial right the right called, which applied in the colonies respectively, thus for the legal relations of the inhabitants in the territories concerned considerably was. Depending upon conditions, to which these legal rules refer, the same belonged to the public or the private right. Colonies, which had a special organization, and which, as to many English colonies, a large autonomy had been entitled, as for them exists also special representative governments, has a trained colonial right in this sense, while for other colonies the right valid in the motherland was determining more or less.

State-legal nature is that colonial right, which regulated the relations of the colony with the motherland. Also in this regard a large difference, as some colonies were a component of the Hauptstadts, exists like e.g. Algeria state-legally to France belonged, without its colonial character to have therefore lost. Other colonies stood under the sovereignty of the government of the motherland, while in still different countries the government of the motherland exercised only a "“protectorate in such a way specified"” and took only a "“protection force up"” over its citizens, who were in the strange country. But this protectorate can be a so large that the protected areas were to be quite understood as colonies.

Colonial right also the legal maxims were called, according to which the relations of different powers determined itself among themselves in reputation of their colonial possession. These were international-law nature (international colonial right). If the colonial possession is to be respected one of the government of the other country, then it was sufficient not that after understanding at that time "“abandoned"” did not inhabit the possession suppl. travel, i.e. from one the international community of rights "“uncivilized"” people shank belonging and so mentioned, country only formally, e.g. by flag hoisting, took place; was rather an actual rule practice over the too okkupierende territory necessary.

In this sense also the Congoakte from 26 February 1885 (kind 34 f.) recognized the obligation of the signatory states to secure in the areas occupied by them at the coasts of the African continent the presence of an authority which hands, in order to protect acquired rights. In addition in this document determining for future colonial acquisitions the obligation is recognized to make with assumption of a new protectorate or with new captures for the signatory states announcement to make valid in order to set the same into the conditions, given case their complaints.

The colonial right was due to the German colonial-political efforts end 19. Century not only several times made the the subject of scientific investigations, but also legislative treated in Germany. The German realm Reich (kind 4, exp. 1) exhibited regulations over Kolonisation of the legislation and the supervision of the realm.

After concerning the German realm Reich from 17 April 1886, the emperor exercised the legal relations of the German protected areas into the latter "“protection force"” in the name of the realm. Colonial Minister was the realm chancellor. A syndicate of Hamburg companies functioned as a colonial advice. According to the tightened law should determine themselves the civil right, criminal law, legal proceedings determining for the German colonies and court system according to the realm law from 10 July 1879 over the consul bad arranging barness. To the place of the consul officials authorized from the realm chancellor to the practice of the jurisdiction stepped. Imperial regulations could justify meanwhile deviations from that law over the consul bad arranging barness. The realm law of 4. May 1870, concerning the marriage ceremony and person condition recording of realm members abroad, could be expanded by imperial regulation also since as this was done for the "“protected areas"” from Camerun and Togo via regulation from 21 April 1886.

A further regulation from 5 June 1886 regulated the legal relations in the protected area of the new Guinea company, while a regulation from 13 September 1886 had the legal relations in the protected area of the Mars resounding, Brown and Providenceinseln to the article.

Literature

• Stack: State and international-law position of the German colonies. Berlin 1886
• Lentner: The international colonial right. Vienna 1886
• Pann: The right that-German protection glory. Vienna 1887
• Ioel: The law, concerning the legal relations of the German protected areas (in Hirths "“annals of the German Reich"”, Munich 1887, P. 191 sf.)
• Fount-hook: The beginnings of the German colonial public law (in "“archives for public right"”, Bd. 2, P. 1 FF., Freiburg 1887)

Articles in category "Colonial right"

We found here 8 articles.