„ČESKOSLOVENSKÁ CESTA“ V NUPTUAČNÍM ZASTOUPENÍ? ZMĚNY PRÁVNÍCH ÚPRAV A JEJICH KRITIKA
Is there a „Czechoslovak wa“ of marriage by proxy? Legal changes and its critics
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The preceding paper (PO 2014, No. 2) presented the historical background of the idea of the legal limitation of the proxy on the ground of sex, as well as contrary opinions in the Czechoslovak legal doctrine until the late 1980s. This subsequent paper gives more detailed analysis of the remarkable legal changes during the 1990s and during the first decade of our century. The partisans of the limitation succeeded in creating of the first legal limitation of the proxy on the ground of sex in Europe as they got their agenda into the new Slovak Civil Registry Act (1994). The Czech partisans followed them in 2001, as they were able to influence the changes of the Family Act. Finally, the new Slovak Family Act adopted – in a rather questionably changed shape – the limitation of the proxy into its marriage law. The intensive language mutuality between both countries as well as many personal ties led to various interactions and similarities in strategies (wording, omissions of grounds in the obligatory report) as well as in the doctrine (especially commentaries). The paper criticises the limitation of the proxy on the grounds of sex: it argues that this limitation has no legal function at all. Its real purpose is legal symbolism: a kind of publicly made delimitation between festive, solemn and worthy on one hand and perverted, ridiculous, odd and unworthy on the other. This legal solution is quite unique in Europe; nowadays, new Czech Civil code is leaving the limitation of the proxy on the ground of sex while Slovak Family Act retains it.
245 – 263
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