Rewolucja w okowach tradycji. Szkic z dziejów reform prawa małżeńskiego majątkowego w Europie w pierwszej połowie XX wieku

• Authors: Marek Stus
• Languages of publication: PL

Abstracts

PL

One of the features characteristic of the development of the western legal culture in the previous century were extensive changes of the family law. A reform of the matrimonial property relations was necessary, as the legislation of the most of the European states at the beginning of the 20th century retained old property systems and institutions, very often derived from the customary laws of the Middle‐Ages. The paper analyses two main tendencies appearing in the first half of the 20th century. The first one  aimed  at  making equal  the  legal  positions of  the  husband and  wife  in  relation to property. The second tendency aimed at giving them freedom to shape the property relations during the marriage. The analysis of the reforms conducted in the period demonstrates that the changes were very slow and introduced not without difficulties, which makes relevant the question whether they were inspired by the changes of the society or rather because the state decided on the form of the reforms and tried to promote and enforce specific customs and standards of behavior.

• Publisher: Uniwersytet Jagielloński
• Journal: Krakowskie Studia z Historii Państwa i Prawa
• Year: 2010
• Volume: 3

Dates

published

2010

online

2010-04-23

Contributors

author

Marek Stus