VII. Zum Städelschen Beerbungsfall

Abstract

Abstract The Staedel Heritage Case. Japanese civil code § 42 stems from German civil code § 84: J.F. Städel established, in his testament, both the foundation of the Städel-art institute at Frankfurt on Main, and that it should be his testamentary heir. Follows the rather complicated Städel-case 1817-1828. In 1826, an attorney at the Higher Court of appeal pointed out an analogy to the postumus heir. The analogy was taken up by the first draft of the Civil code, then disappeared. The drafter of the Japanese civil code adopted it without giving it much thought.