Eugen Huber
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Eugen Huber (July 31, 1849 – April 23, 1923) was a Swiss
jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
and the creator of the
Swiss Civil code The Swiss Civil Code (SR/RS 210, ; ; ; ) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationshi ...
of 1907.


Biography

Huber was born in Swiss
Canton of Zürich The canton of Zurich is an administrative unit (Swiss canton, canton) of Switzerland, situated in the northeastern part of the country. With a population of (as of ), it is the most populous canton of Switzerland. Zurich is the ''de facto'' Capi ...
on July 31, 1849. His father was a
physician A physician, medical practitioner (British English), medical doctor, or simply doctor is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the Medical education, study, Med ...
. At the
University of Zürich The University of Zurich (UZH, ) is a public university, public research university in Zurich, Switzerland. It is the largest university in Switzerland, with its 28,000 enrolled students. It was founded in 1833 from the existing colleges of the ...
, Huber studied
jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
, where he received a
doctorate A doctorate (from Latin ''doctor'', meaning "teacher") or doctoral degree is a postgraduate academic degree awarded by universities and some other educational institutions, derived from the ancient formalism '' licentia docendi'' ("licence to teach ...
in 1872 with a thesis on "The Swiss law of
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
in its development since the separation of the
Old Swiss Confederacy The Old Swiss Confederacy, also known as Switzerland or the Swiss Confederacy, was a loose confederation of independent small states (, German or ), initially within the Holy Roman Empire. It is the precursor of the modern state of Switzerlan ...
from the
Holy Roman Empire The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium ...
." In 1875, he was a
correspondent A correspondent or on-the-scene reporter is usually a journalist or commentator for a magazine, or an agent who contributes reports to a newspaper, or radio or television news, or another type of company, from a remote, often distant, locati ...
for a newspaper in Zürich until he replaced a judge in
Appenzell Appenzell () was a cantons of Switzerland, canton in the northeast of Switzerland, and entirely surrounded by the canton of St. Gallen, in existence from 1403 to 1597. Appenzell became independent of the Abbey of Saint Gall in 1403 and entered ...
from 1877 until 1880. In 1880, he became a
professor Professor (commonly abbreviated as Prof.) is an Academy, academic rank at university, universities and other tertiary education, post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin ...
of Swiss
civil Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...
and
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...
at the
University of Basel The University of Basel (Latin: ''Universitas Basiliensis''; German: ''Universität Basel'') is a public research university in Basel, Switzerland. Founded on 4 April 1460, it is Switzerland's oldest university and among the world's oldest univ ...
and later, in 1888, he became a professor at Halle University in Halle and
Wittenberg Wittenberg, officially Lutherstadt Wittenberg, is the fourth-largest town in the state of Saxony-Anhalt, in the Germany, Federal Republic of Germany. It is situated on the River Elbe, north of Leipzig and south-west of the reunified German ...
, where he taught legal history,
private Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded ...
and
commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...
,
public land In all modern states, a portion of land is held by central or local governments. This is called public land, state land, or Crown land (Commonwealth realms). The system of tenure of public land, and the terminology used, varies between countries. ...
law as well as
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
and
philosophy of law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
. During this time, he began to write an extensive treatise on the private laws of the
cantons A canton is a type of administrative division of a country. In general, cantons are relatively small in terms of area and population when compared with other administrative divisions such as counties, departments, or provinces. Internationally, th ...
, which was published in four volumes. In 1892, he was asked by the Swiss government to draft the Swiss
civil code A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ...
(Zivilgesetzbuch), which he completed in 1904. It was enacted in 1907 and entered into force in 1912. The Zivilgesetzbuch was applauded for being clear and modern, and it was later adopted in
Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
. Huber was also a member of the Law Sources Commission of the Swiss Lawyers Society, which prepared the edition of the Collection of Swiss Law Sources.Lukas Gschwend: ''Die Sammlung Schweizerischer Rechtsquellen, herausgegeben von der Rechtsquellenstiftung des Schweizerischen Juristenvereins: Ein Monumentalwerk rechtshistorischer Grundlagenforschung.'' In: ''Zeitschrift für Schweizerisches Recht.'' vol. 126/1, 2007, p. 435–457
PDF
).
After 1908, he was one foreign correspondent of the first
comparative law Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, includ ...
journal in the U.S., the '' Annual Bulletin'' of the
Comparative Law Bureau The ''Annual Bulletin'' of the Comparative Law Bureau of the American Bar Association (ABA) was a U.S. specialty law journal (1908–1914, 1933). The first comparative law journal in the United States, it surveyed foreign legislation and legal lite ...
of the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
. Huber died in
Bern Bern (), or Berne (), ; ; ; . is the ''de facto'' Capital city, capital of Switzerland, referred to as the "federal city".; ; ; . According to the Swiss constitution, the Swiss Confederation intentionally has no "capital", but Bern has gov ...
on April 23, 1923, aged 73.


Notes


References

* Gabor Hamza, "Anmerkungen zu römischrechtlichen Einflüssen in der Geschichte der schweizerischen Privatrechtswissenschaft und Privatrechtskodifikation" Orbis Iuris Romani 8 (2003) pp. 9–20. * Gabor Hamza, "Entstehung und Entwicklung der modernen Privatrechtsordnungen und die römischrechtliche Tradition", Budapest 2009, pp. 243–245.


External links

*
Dominique Manaï-Wehrli,"Huber, Eugen" in ''Dictionnaire historique de la Suisse'', 29/04/2008.
* 1849 births 1923 deaths People from Andelfingen District People associated with the University of Zurich 19th-century Swiss judges 20th-century Swiss lawyers Swiss Protestants Academic staff of the Martin Luther University of Halle-Wittenberg Neue Zürcher Zeitung people {{switzerland-law-bio-stub