Framing the Polish Family in the Past by Piotr Guzowski Cezary Kuklo

Author:Piotr Guzowski, Cezary Kuklo [Piotr Guzowski, Cezary Kuklo]
Language: eng
Format: epub
ISBN: 9780367673239
Barnesnoble:
Publisher: Taylor & Francis
Published: 2021-12-31T00:00:00+00:00

In this model, divorce was not allowed for Catholics; as a result, the state court could not examine such cases.

In turn, the specificity of Landrecht in the mixed system was that people of non-Catholic or non-Protestant denominations and Jews could enter into a marriage before the court (Płaza 1997–1998, part 2, 61). In Austria, a specific concept of forced civil marriage (Notzivilehe) appeared in 1868. The law allowed a civil marriage when a clergyman refused to solemnize the marriage for reasons unknown to secular legislation. This is when Catholics could obtain permission from the administrative authorities to enter into a marriage in a secular form (Sójka-Zielińska 2009, 126). In 1870, due to the possibility of obtaining the status of a non-confessional person, a civil marriage and the possibility of obtaining a divorce were envisaged for such persons (Dziadzio 2008, 314). Sections 115–116 of the ABGB regulated grounds for divorce for non-confessional persons and non-Catholics. They included adultery, malicious abandonment of the spouse, sentencing to at least five years’ imprisonment, threats to kill the spouse and deprive the spouse of health (the so-called life- and health-threatening attitude), severe and repeated damage to the spouse’s body (the so-called harm to the body) and broadly defined “insurmountable repulsion”. Sections 133–135 specified the grounds for divorce for Jews. The examined jurisprudence of the Krakow court in the Second Polish Republic shows how complicated the system was (Zarzycki 2010).

The religious model of matrimonial law was essentially a continuation of the legal status that had existed in Europe since the Middle Ages, when the Church alone regulated personal matrimonial law and exercised exclusive jurisdiction over matrimonial matters. Therefore, in the so-called Taken Lands, although they consisted of territories seized by Russia in the three partitions, the existence of a permanent legal status in the form of religious matrimonial law can be referred to. In turn, in the Kingdom of Poland the religious model was introduced in 1836 and survived for more than 100 years. It assumed that marriage candidates were obliged to marry in a religious form, in the rite to which they both belonged, and that jurisdiction was left to ecclesiastical courts. State law thus referred to the internal norms of a given denomination, which did not exclude the possibility that within rules common to all faiths norms were established for all marriages. For example, in the Code of Laws of the Russian Empire (Svod Zakonov) such a norm was established for the prohibition of marriage before the age of 18 by a man and 16 by a woman (Articles 3, 63, 91). The prohibition of marriage without the consent of parents, guardians or guardians ad litem (regardless of the age of the marriage candidates) and without the consent of the superior authorities, as well as the prohibition of bigamy was applicable to all Christian denominations. The prohibition of forced marriages and marriages by “the insane and deranged” – Article 62 (Fiedorczyk 2003, 511) also comprised all Christian denominations.

The basic disadvantage of the religious model of matrimonial law was that it had to take into account mixed religious marriages.

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