Prace Komitetu Cywilnego Reformy nad nową regulacją małżeństw katolickich w 1814 r.

Michał Gałędek , Anna Klimaszewska

Abstract

As Henryk Konic observed in 1903 in his pioneering study of the marriage law in the Kingdom of Poland, a profound dispute on the nature of marriage split Polish society in the 19th century into two camps. In his words, “while one of these camps wanted to give to marriage exclusively religious character and remove the civil authorities from any participation or infl uence in the matrimonial sphere, the other camp was against such approach to this institution. – In short, the history of this dispute refl ects the battle around the foundations of the family arrangement”. The aim of this study is to explore the roots of that dispute in the debates and the work of the 1814 Civil Law Reform Committee, chaired by Antoni Bieńkowski. The discussions in that forum, which included the outstanding Polish lawyers and dignitaries of the time, are of great importance for the understanding of the essence of the controversy that fl ared up after the collapse of the Napoleonic Grand Duchy of Warsaw. While the traditionalists wanted to bring back old Polish law, a party of moderate reformers headed by Antoni Bieńkowski sought to modernize of the Polish legal system. One of the key issues in the reformers’ draft legislation regarding marriage was the transfer of jurisdiction in matrimonial cases to ecclesiastical courts. On the whole, the abolition of provisions of the French civil code of 1804 and the redefi nition of matrimony as a sacrament were beyond question as was the general intention to do away with all of the French legislation. This article supplies ample evidence for the claim that the main idea guiding both the Committee members and Antoni Bieńkowski was for the new law to act as a safeguard against society’s inclination to dissolve the bond of matrimony for reasons that are not serious enough, i.e. that fail to meet the criteria for the annulment of marriage set by the laws of the church.
Author Michał Gałędek (FLA / DHL)
Michał Gałędek,,
- Department of History of Law
, Anna Klimaszewska (FLA / DHL)
Anna Klimaszewska,,
- Department of History of Law
Journal seriesKrakowskie Studia z Historii Państwa i Prawa, ISSN 2084-4115, e-ISSN 2084-4131, (B 13 pkt)
Issue year2017
Vol10
No3
Pages467-491
Publication size in sheets2.06
Keywords in Polishmałżeństwo katolickie, Królestwo Polskie, prawo małżeńskie, sądy duchowne, kodyfikacja, prawo cywilne, Kodeks Napoleona, modernizacja, prawna tożsamość narodowa
Keywords in EnglishCatholic marriage, Kingdom of Poland, marriage law, ecclesiastical courts, codification, civil law, French civil code of 1804, modernization, national legal identity
DOIDOI:10.4467/20844131KS.17.020.8074
URL http://www.ejournals.eu/pliki/art/10864/
Languagepl polski
Score (nominal)13
ScoreMinisterial score = 13.0, 22-03-2018, ArticleFromJournal
Ministerial score (2013-2016) = 13.0, 22-03-2018, ArticleFromJournal
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