Matrimonial Law in Works of the Civil Reform Committee (1814–1815). Historical Source Edition
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RIS BIB ENDNOTEPublication date: 19.12.2019
Cracow Studies of Constitutional and Legal History, Volume 12 (2019), Volume 12, Issue 4, pp. 591 - 607
https://doi.org/10.4467/20844131KS.19.029.11647Authors
We present three source texts. The first are the writings of father Dhiel, General Superintendent of the Reformed Evangelical Congregations, which dealt with matrimonial laws and divorces. Next is the draft act by A. Bieńkowski concerning property contracts between spouses, and the last are fragments of Civil Reform Committee session minutes regarding these writings. The author of the first text covered three issues of fundamental significance to the Protestants, those being: obstacles to contracting marriage, premises for divorce, and the problems of jurisdiction in divorce cases. The author of the published draft act, in turn, postulated the reinstatement of the separation of assets, which had functioned previously under ius terrestre as the statutory property regime in marriage. This solution was in direct opposition to the one introduced in the Napoleonic Code. The draft act was much shorter than the chapter of the Napoleonic Code that it was to replace: 34 articles as compared to 195. In many aspects it could be deemed fragmentary, written from the perspective of the landed gentry, and omitting many problems that concerned other social strata.
Information: Cracow Studies of Constitutional and Legal History, Volume 12 (2019), Volume 12, Issue 4, pp. 591 - 607
Article type: Original article
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University of Gdańsk
ul. Bażyńskiego 1a 80-952 Gdańsk, Poland
University of Gdańsk
ul. Bażyńskiego 1a 80-952 Gdańsk, Poland
University of Warsaw
Poland
Published at: 19.12.2019
Article status: Open
Licence: CC BY-NC-ND
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