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- Title
THE HISTORY OF MARRIAGE LAW IN AUSTRIA AND GERMANY: FROM SACRAMENT TO CIVIL CONTRACT.
- Authors
von Schmädel, Judith
- Abstract
The article discusses the history of marriage law in Austria and Germany. A brief historical overview on the marriage law until the sixteenth century is offered involving Martin Luther and the Protestant Reformation. It highlights the marriage law in the era of Reformation and counterreformation, absolutism, and the codification under Emperor Joseph II. It also discusses the developments of law in the nineteenth century in Austria, which forbids Catholics from remarrying as long as the divorced spouse is still alive and in Germany, which nullifies any marriage that not been formed before a public registrar.
- Subjects
GERMANY; AUSTRIA; MARRIAGE law -- History; REFORMATION; RELIGIOUS absolutism; CODIFICATION of law; DIVORCE; LUTHER, Martin, 1483-1546; JOSEPH II, Holy Roman Emperor, 1741-1790
- Publication
Hitotsubashi Journal of Law & Politics, 2009, Vol 37, p41
- ISSN
0073-2796
- Publication type
Article
- DOI
10.15057/17321