Prawo rodzinne a religia w świetle historii

• Authors: Schwab Dieter

Title variants

EN

Family law and religion from a historical perspective

• Languages of publication: PL

Abstracts

EN

The article outlines the author’s view on the role of religion in the evolution of family law over the course of history. Particular attention is paid to the impact of religion on the applicable law in the classical era, Middle Ages and in the early modern period. The article deals with the sacralization of family law and focuses primarily on marriage as the core element underpinning this area of law. The author discusses how religion influenced the evolution of family law differently in Catholic and Protestant countries and provides examples from German law to illustrate this phenomenon. The importance of a major change in the evolution of family law, as brought about by the French Revolution, which stripped marriage of all religious connotations (the idea of marriage as a civil contract only), is also emphasised. Furthermore, the article examines the religious upbringing of children and the way this issue is addressed in German law, namely the rules of the German Civil Code (BGB) as contrasted with the rules of the German Act on the Religious Upbringing of Children of 15 July 1921.

Keywords

EN

german law; religion,; matrimonial law; history of family law; impact of religion on the evolution of family law

• Publisher: Polska Akademia Umiejętności
• Journal: Kwartalnik Prawa Prywatnego
• Year: 2021
• Volume: 30
• Issue: 1
• Pages: 7–23

Contributors

author

Schwab Dieter

• University of Regensburg