Imperial Paragraph
The so-called Kaiserparagraph is Section 1588 of the German Civil Code .
He orders that “church obligations with regard to marriage” are not affected by the provisions of Section 1 of family law (“civil marriage”). State family law does not want to - and because of the right to self-determination - does not want to regulate church marriage law.
Since the heading of the section already shows that only the right of civil marriage is affected, the section has a purely declaratory character. The provision goes back to Section 82 of the Reich Law on the Notarization of Civil Status and Marriage of 1875. It is closely related to the prohibition of religious advance marriage .
The reasons for the origin of the name Kaiserparagraph vary. Partly one refers to Matthew 22, 21 ("give the emperor what is the emperor's, and God what God is"), partly it is reported that the paragraph was at the suggestion of Kaiser Wilhelm I , at that time head of the Protestant church in Prussia , included in the Civil Status Act and later adopted in the BGB.
Section 1588 is the last paragraph of the section on marriage law and the only one of Title 8 ("Church Obligations"). It is the only paragraph of the BGB that hasnot received an official headingin the course of the modernization of the law of obligations .
literature
- Burkhard Thiele: § 1588. In: Julius von Staudinger (Hrsg.): Commentary on the civil code with introductory law and subsidiary laws. Sellier-de Gruyter, Berlin 2004. ISBN 3-8059-0784-2
Individual evidence
- ↑ Burkhard Thiele: § 1588. In: Julius von Staudinger (Hrsg.): Commentary on the civil code with introductory law and subsidiary laws. Sellier-de Gruyter, Berlin 2004. ISBN 3-8059-0784-2 , Rn. 1
- ↑ RGBl. P. 23
- ↑ Weber-Monecke, commentary on § 1588 BGB, Rn. 1, in: Munich Commentary on the BGB, 6th edition, Munich 2013.
