ABGB and the canonical marriage law
Unlike the Napoleon Civil Code of 1804 which established obligatory civil marriage for all citizens, the Austrian legislature chose confessional principle of matrimony. Different norms were applicable to three parts of population: Christian catholic, Christian non-catholic and Jewish. From the cano...
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| Format: | Article |
| Language: | deu |
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STS Science Centre Ltd.
2011-12-01
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| Series: | Journal on European History of Law |
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| Online Access: | https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/372 |
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| _version_ | 1849430932431306752 |
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| author | Stanislav Přibyl |
| author_facet | Stanislav Přibyl |
| author_sort | Stanislav Přibyl |
| collection | DOAJ |
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Unlike the Napoleon Civil Code of 1804 which established obligatory civil marriage for all citizens, the Austrian legislature chose confessional principle of matrimony. Different norms were applicable to three parts of population: Christian catholic, Christian non-catholic and Jewish. From the canon law of the Catholic Church the Civil Code adopted the impediment to marriage due to priestly ordination and monastic wows. It also recognized the impediment owing to indissolubility of matrimony as conceived by the Catholic Church. Model permitting people of various confessions to marry according their specific religious rules was later supplemented by an alternative civil marriage in case that the engaged couple would not meet the requirements imposed upon them by the canon law. Since 1870 the civil marriage was made possible between people without religion. By a special law of 1912 the civil marriage was made mandatory to citizens of Islamic faith.
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| format | Article |
| id | doaj-art-fa10edb89ad14ac09284dc24509956a4 |
| institution | Kabale University |
| issn | 2042-6402 3049-9089 |
| language | deu |
| publishDate | 2011-12-01 |
| publisher | STS Science Centre Ltd. |
| record_format | Article |
| series | Journal on European History of Law |
| spelling | doaj-art-fa10edb89ad14ac09284dc24509956a42025-08-20T03:27:48ZdeuSTS Science Centre Ltd.Journal on European History of Law2042-64023049-90892011-12-0122ABGB and the canonical marriage lawStanislav Přibyl0Metropolitan Church Court of Prague; Department of Systematic Theology, Faculty of Theology, University of South Bohemia, České Budějovice Unlike the Napoleon Civil Code of 1804 which established obligatory civil marriage for all citizens, the Austrian legislature chose confessional principle of matrimony. Different norms were applicable to three parts of population: Christian catholic, Christian non-catholic and Jewish. From the canon law of the Catholic Church the Civil Code adopted the impediment to marriage due to priestly ordination and monastic wows. It also recognized the impediment owing to indissolubility of matrimony as conceived by the Catholic Church. Model permitting people of various confessions to marry according their specific religious rules was later supplemented by an alternative civil marriage in case that the engaged couple would not meet the requirements imposed upon them by the canon law. Since 1870 the civil marriage was made possible between people without religion. By a special law of 1912 the civil marriage was made mandatory to citizens of Islamic faith. https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/372Austrian General civil code (ABGB)canonical matrimonial lawCatholic Church |
| spellingShingle | Stanislav Přibyl ABGB and the canonical marriage law Journal on European History of Law Austrian General civil code (ABGB) canonical matrimonial law Catholic Church |
| title | ABGB and the canonical marriage law |
| title_full | ABGB and the canonical marriage law |
| title_fullStr | ABGB and the canonical marriage law |
| title_full_unstemmed | ABGB and the canonical marriage law |
| title_short | ABGB and the canonical marriage law |
| title_sort | abgb and the canonical marriage law |
| topic | Austrian General civil code (ABGB) canonical matrimonial law Catholic Church |
| url | https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/372 |
| work_keys_str_mv | AT stanislavpribyl abgbandthecanonicalmarriagelaw |