Ženidbeno (bračno) pravo u 19. stoljeću u Hrvatskoj

Abstract

Tema ovog rada je razvoj ženidbenog (bračnog) prava u 19. stoljeću u Hrvatskoj, s osvrtom na njegove različitosti u pojedinim dijelovima Hrvatske, jer je u Dalmaciji i Istri na snazi bilo austrijsko, Međimurju, Baranji i Rijeci ugarsko pravo, a u Kraljevini Hrvatskoj i Slavoniji odredbe Općeg građanskog zakonika i Zakona o brakovima katolika te Naputak za duhovne sudove u bračnim predmetima. Posebno su obraćeni građanski (civilni) i mješoviti brakovi te reakcije javnosti prema pokušajima uvođenja građanskog braka.

Since Croatia was politically and territorially divided in the nineteenth century, there simultaneously existed several distinct and in some aspects contradictory law systems. Likewise, the attitude towards marriage in these systems was different. Accordingly, these attitudes were based on canon law, common law and also confessional law, which provided additional complication. In north-west Croatia marriages were regulated by the canon law seeing the marriage as a confessional institution, which was the result of the Concordat with the Holy See (1855) together with the Zakon za ženidbe katolika u carevini 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 recognized religious communities could perform their distinct confessional law and regulate marriage affairs. In Istria and Dalmatia General civil code, together with Naputak, was in power until 1868. 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 all religions). However, this law was implemented only in accordance 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), the law about the attempts of reconciliation before matrimonial separation (1868), the 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 civil marriage at the end of 1869. In the Kingdom of Croatia and Slavonia Naputak was in power during the period of Austro-Hungarian Monarchy. In Međimurje, Baranya, and Rijeka Civil code with the institution of civil marriage was in 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 institutions existed in Dalmatia, Istria, Međimurje, Baranya and Rijeka. Because of these divergences there occurred many problems regarding the education of children and attempts of separation.