Z problematyki rozwodów w Księstwie Warszawskim

This paper looks at civil divorce introduced in the Duchy of Warsaw by the provisions of the Napoleonic Code. It was initially believed that the number of civil divorces in the Duchy never exceeded ten and that the Napoleonic Code divorce regulations remained a dead letter of the law. However, a re...

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Main Author: Piotr Pomianowski
Format: Article
Language:deu
Published: Adam Mickiewicz University 2018-10-01
Series:Czasopismo Prawno-Historyczne
Online Access:https://pressto.amu.edu.pl/index.php/cph/article/view/16286
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author Piotr Pomianowski
author_facet Piotr Pomianowski
author_sort Piotr Pomianowski
collection DOAJ
description This paper looks at civil divorce introduced in the Duchy of Warsaw by the provisions of the Napoleonic Code. It was initially believed that the number of civil divorces in the Duchy never exceeded ten and that the Napoleonic Code divorce regulations remained a dead letter of the law. However, a recent study of the remaining sources, including judicial fi les and marriage registers has shown that the scale of civil divorces was signifi cantly larger, with at least nearly a hundred cases recognised by civil tribunals of the Duchy of Warsaw between 1808 and 1812. Most of the divorce decrees were based on the Napoleonic Code although four were found to be issued based on the earlier Prussian Landrecht in force. The legal grounds on which a civil divorce was most frequently adjudicated were the provisions of article 231 (exces, sevices ou injures graves) and article 230 (infi delity). Most petitioners for a divorce were women and 80% of their petitions were successful. Women would also be given custody of the minors and child maintenance. Civil divorce was sought by representatives from the whole spectrum of society (gentry, craftsmen, tradesmen, workers). Regarding religious affi liation of the petitioners, Catholics constituted the largest group.
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spelling doaj-art-d268ed7fefac4d68ab0aed7396de60b12025-08-20T03:46:37ZdeuAdam Mickiewicz UniversityCzasopismo Prawno-Historyczne0070-24712720-21862018-10-0165210.14746/cph.2013.65.2.04Z problematyki rozwodów w Księstwie WarszawskimPiotr Pomianowski0Warszawa This paper looks at civil divorce introduced in the Duchy of Warsaw by the provisions of the Napoleonic Code. It was initially believed that the number of civil divorces in the Duchy never exceeded ten and that the Napoleonic Code divorce regulations remained a dead letter of the law. However, a recent study of the remaining sources, including judicial fi les and marriage registers has shown that the scale of civil divorces was signifi cantly larger, with at least nearly a hundred cases recognised by civil tribunals of the Duchy of Warsaw between 1808 and 1812. Most of the divorce decrees were based on the Napoleonic Code although four were found to be issued based on the earlier Prussian Landrecht in force. The legal grounds on which a civil divorce was most frequently adjudicated were the provisions of article 231 (exces, sevices ou injures graves) and article 230 (infi delity). Most petitioners for a divorce were women and 80% of their petitions were successful. Women would also be given custody of the minors and child maintenance. Civil divorce was sought by representatives from the whole spectrum of society (gentry, craftsmen, tradesmen, workers). Regarding religious affi liation of the petitioners, Catholics constituted the largest group. https://pressto.amu.edu.pl/index.php/cph/article/view/16286
spellingShingle Piotr Pomianowski
Z problematyki rozwodów w Księstwie Warszawskim
Czasopismo Prawno-Historyczne
title Z problematyki rozwodów w Księstwie Warszawskim
title_full Z problematyki rozwodów w Księstwie Warszawskim
title_fullStr Z problematyki rozwodów w Księstwie Warszawskim
title_full_unstemmed Z problematyki rozwodów w Księstwie Warszawskim
title_short Z problematyki rozwodów w Księstwie Warszawskim
title_sort z problematyki rozwodow w ksiestwie warszawskim
url https://pressto.amu.edu.pl/index.php/cph/article/view/16286
work_keys_str_mv AT piotrpomianowski zproblematykirozwodowwksiestwiewarszawskim