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MATRIMONIAL LAW IN CROATIA IN THE NINETEENTH CENTURY
Ljiljana DOBROVŠAK
Sažetak
Since Croatia was politically and territorially divided in the nineteenth century, there simultaneously existed several distinct and in some aspect contradictory law systems. Likewise, the attitude towards marriage in these systems was different. Accordingly, these attitudes were based on the canon law, common law and also confessional law, which provided additional complication. In the north-west Croatia marriages was regulated by the canon law seeing the marriage as a confessional institution, which was result of the Concordat with the Holy See (1855) together with the Zakon za ženidbe katolika u carevi-ni austrijskoj [Law for the Catholic marriages in the Empire of Austria] and Naputak za duhovne stolove u cesarevini austrijskoj glede stvari ženidbenih [Instruction for the ecclesiastical courts regarding the matrimonial affairs in the Empire of Austria] that dated from 1856. According to these instructions all the recognised religious communities could perform their distinct confessional law and regulate marriage affairs. In Istria and Dal-matia General civil code, together with Naputak, was in power until 1868. In this year the new law issued (Zakon o uspostavi svjetskog bračnog prava i o uvođenju građanskog braka za nuždu (Nothzivilehe) za osobe svih vjeroispovjesti – Law about the establishment of the global matrimonial law and implementation of the civil marriage for the necessity (Nothzivilehe) for the all religions). However, this law was implemented only in accor-dance with the second section of the old Global civil code, which was slightly modified.
Still, some other laws were introduced, such as laws regarding inter-confessional relations (1868), law about the attempts of reconciliation before matrimonial separation (1868), law that regulated marriages among different Christian confessions (1868), and law on the marriages among the atheists (1870). In the middle of these regulations, authorities also introduced the obligation of the civil marriage at the end of 1869. In the Kingdom of Croatia and Slavonia Naputak was on power during all the period of Austro-Hungarian Monarchy. In Međimurje, Baranya, and Rijeka Civil code with the institution of the civil marriage was on power (from 1894). Since each confessional group had different attitudes
towards marriage separation, such cases were treated differently in each part of the Croatian lands. Roman-Catholics did not allow such separation, and spouses could not be remarried. On the other hand, Orthodox, Protestant and Jewish confessions allowed such separation. Therefore in Croatia and Slavonia institution of civil marriage was not introduced until 1946, while such institution existed in Dalmatia, Istria, Međimurje, Ba-ranya and Rijeka. Because of these divergences there occurred many problems regarding the education of children and attempts of the separation.
Ključne riječi
Croatia; Slavonia; marriage; matrimonial law; confessional law; civil marriage
Hrčak ID:
9426
URI
Datum izdavanja:
21.12.2005.
Posjeta: 9.303 *