Great reform of family law
From today's perspective, equality and child welfare can be understood as the guiding principles that were decisive for the change in family law in Austria during the 1960s and 1970s. The reform work of this time is known as the "Great Family Law Reform".
Reform work
The family law reform does not manifest itself in an overall new codification that can be determined at a specific time, but can be understood as a process. Partial reforms were seen as the most beneficial way of completing family law. The reform work is the implementation of the individual legal requirements with regard to the position of women as well as the upbringing of children .
history
The reasons for the development of the family law reform can be traced back to the turn of the century. Although hardly represented in politics, the influence of women on the reform work was considerable (see also women's movement ). Through her commitment, Marianne Hainisch had an influence on the first partial amendment to the General Civil Code ( ABGB ) in 1914. Adelheid Popp first submitted an application to reform family law on July 21, 1925. Half a century later, their demands were to be met. In 1949 the first expert commission was convened under Justice Minister Tschadek to reorganize family law. Major changes were implemented in the course of the family law reform during the 1970s under his successor Christian Broda .
Laws
1960s
- Federal Act of February 17, 1960 on the reorganization of the right to adopt children (BGBl 1960/58)
- There is facilitation of strong adoption in which a minor child is adopted.
- Federal Act of March 8, 1967 with the legal guardianship provisions of the General Civil Code are changed (BGBl 1967/122)
- The spouses should be treated equally in terms of guardianship.
1970s
- Federal Act of 30 October 1970 on the reorganization of the legal status of illegitimate children (BGBl 1970/342)
- The status of the illegitimate child is upgraded.
- BG on 14 February 1973 with the provisions on the capacity and marriageable age be changed (Federal Law Gazette 1973/108)
- The age of majority will be reduced to 19 years.
- Federal Act of July 1, 1975 on the reorganization of the personal legal effects of marriage (BGBl 1975/412)
- Differentiations regarding rights and obligations depending on the sex of the spouse are (for the most part) canceled.
- The amicable way of life comes to the fore.
- There is an extension of the duty of assistance.
- Federal Act of 30 June 1977 on the reorganization of the law of children (BGBl 1977/403)
- Federal Act of June 15, 1978 with amendments to the law of spouses' inheritance, the law of matrimonial property and the law of divorce (BGBl 1978/280)
- This is mainly improves the position of women in the context of inheritance law.
- Federal Act of 30 June 1978 amending the Marriage Act (BGBl 1978/303)
1980s, 1990s
Further changes should round off the set of rules of the Great Family Law Reform:
- BG on the amendment of personal , marriage and child law (BGBl 1983/566)
- BG on the amendment of the provisions of married names in the general civil code (BGBl 1986/97)
- BG on the amendment of the child law (BGBl 1989/162)
- BG on the equality of the illegitimate child in inheritance law and securing the marital home for the surviving spouse (BGBl 1989/656)
- BG with which the general civil code , the marriage law , the non-dispute law, the civil status law , the name change law and the court fees law are changed (BGBl 1995/25)
- BG with which the general civil code , the marriage law , the non-dispute law, the civil procedure code, the enforcement code and the criminal procedure code are changed (BGBl 1999/125)
- BG with the general Civil Code , the Marriage Act , the Weapons Act, the Jurisdiction Act, the Code of Civil Procedure , the non-contentious law that Justice Act, the Enforcement Code, the Personal Status Law , the Federal Law on Private International Law , the Court Fees Act, the Fourth regulation implementing the Marriage Act , the Youth Welfare Act 1989, the Banking Act and the Hospital Act are changed (BGBl I 2000/135)
literature
- Ent, Herbert: Family law reform - concrete . 3rd edition, Vienna: Federal Ministry of Justice, 1975.
- Floßmann, Ursula: Austrian history of private law . 5th edition, Vienna: Springer, 2005. ISBN 3-211-837-175