Marriage Act (Austria)

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Basic data
Title: Marriage law
Long title: Law to standardize the law of marriage and divorce in Austria and the rest of the country. 6 July 1938.
Abbreviation: EheG
Type: Federal law
Scope: Republic of Austria
Legal matter: Civil Law
Reference: dRGBl.  I S 807/1938
GBlÖ.  244/1938
Date of law: July 6, 1938 (DRGBl.)
July 12, 1938 (GBlÖ.)
Effective date: August 1, 1938
Last change: Federal Law Gazette I No. 59/2017
Legal text: Marriage Act as amended in the RIS
Please note the note on the applicable legal version !

The law applicable in Austria for the unification of the law of marriage and divorce in Austria and the rest of the Reich. From July 6, 1938. ( Marriage Act; EheG ) regulates the law of marriage and divorce, including the consequences of the divorce.

In addition to the General Civil Code ( ABGB ) in its "second main part: From the marriage rights" (§ 44 on the concept of marriage; §§ 45 to 46 on the betrothal and §§ 89 to 100 on the personal legal effects of marriage), it is the most important Legal source on Austrian marriage law .

Origins of the law

In contrast to Germany, the marriage law still in force in Austria today has its origins in the time of National Socialism (see the history of the German marriage law ).

At the " Anschluss Österreichs " in 1938, the provisions on marriage were removed from the German Civil Code (BGB) as well as from the Austrian General Civil Code (ABGB) and replaced by the National Socialist Marriage Act ( law for the unification of the law of marriage and divorce in Austria and in the rest of the Reich. From July 6, 1938. RGBl. I p. 807, No. 106 of July 8, 1938) replaced (see National Socialist Marriage Act 1938 ).

Continued validity after 1945 and changes to the law

In post-war Austria, the marriage law - admittedly cleared of provisions with National Socialist ideas such as in particular the marriage bans according to §§ 4 and 5 - became Austrian federal law: Unlike German law, the reintegration of ancillary laws such as the marriage law into the civil code of the ABGB is not in Austria common. The provisions of the General Civil Code (Sections 101 to 136 ABGB) derogated by the Marriage Act were not reintroduced , not least because of their differentiation according to denominations . The word sequence “in the Land of Austria and in the rest of the Reich” in the full title of the law has also been denied by the changes in constitutional law.

The marriage law underwent significant changes at the end of the 1970s in the course of the family law reform under Justice Minister Broda , and in the mid-1980s. In 1999 - also as a result of the half-half campaign - the divorce law in the second section of the EheG was reformed.

Application of the marriage law

structure

It is structured as follows:

Of particular practical relevance are the consequences of the divorce (in particular maintenance, division of assets), whereby it should be noted that the calculation of maintenance is partly based on fault , but the division of assets is fundamentally independent of fault.

Web links

Remarks

  1. ↑ a b c However, see the "Note" in § 0 in the RIS : "1. The sequence of words in the title 'in the country of Austria and in the rest of the Reich' has been derogated by the changes in constitutional law. "
  2. ↑ a b See § 0 EheG in the RIS: "The assigned abbreviation (EheG) is not a legal one, but a common one."
  3. ↑ a b “The publication in the GBLÖ has the following final formula:“ This law, which is announced in the Reichsgesetzblatt under I p. 807, comes into force in Austria on August 1st, 1938. The provisions of Section EheG , Paragraphs 2 and 3, Section EheG , Paragraph 2, Section EheG , Paragraph 2, and Section EheG , Paragraph 3, came into force on July 9, 1938. ““ Note .: The cited provisions are those that concerned proceedings pending when the law came into force in the year and which, not least because of this, have become obsolete (due to the passage of time).