Munich Personal RePEc Archive

Reglementări juridice privitoare la familie în legislaţia austriacă şi maghiară din a doua jumătate a secolului al XIX-lea

Brie, Mircea (2010): Reglementări juridice privitoare la familie în legislaţia austriacă şi maghiară din a doua jumătate a secolului al XIX-lea. Published in: Sorin Şipoş, Mircea Brie, Ioan Horga, Igor Şarov, Ion Gumenâi (coord.) Politici imperiale în estul şi vestul spaţiului românesc, Editura Universităţii din Oradea/Editura Cartdidact, Oradea/Chişinău (2010): pp. 301-310.

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More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church’s right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual’s life. As time went by, the State became more and more complex while its legislation became ever more “lay”. It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church’s legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man’s life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children’s interests. They were all conceived to better supervise individual’s education in a moral family where the Church would still have an influence.

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