Counterattack
The contradiction concerns those assets that are contributed by the husband to the marital assets and above all serve the widow's protection. It is the counterpart to the dowry , which is contributed by the bride (parents). Property that is given to the bride shortly after the marriage is consummated is the morning gift .
Until 2009, the contest was legally regulated in Austria in Sections 1230 and 1231 ABGB . The provisions read:
§ 1230. What the bridegroom or a third party exposes the bride to increase the marriage property is called a contradiction. The wife does not deserve any enjoyment of this during the marriage, but if she survives the husband, she also deserves free ownership without a special agreement, although the husband has not been assigned the marriage property in the event of his survival.
§ 1231. Neither the bridegroom nor his parents are bound to determine a contradiction. But in the same way in which the parents of the bride are obliged to offer her a marriage good, it is also up to the parents of the groom to provide him with equipment appropriate to their property (§. 1220 - 1223).
These provisions were repealed by Article 1, Item 12, FamRÄG 2009.
Web links
- Robert Bartsch: Matrimonial property law in the Archduchy of Austria (1905). Digital Edition Heino Speer, 2012 p. 30 ff. The contradiction
- Alexander Ogonowski: Austrian matrimonial property law. Leipzig 1880 digitized. P. 309 ff.
Individual evidence
- ↑ Lexicon entry: Counterposition. In: Johann Georg Krünitz (Ed.): Economic Encyclopedia . Berlin 1773–1858 ( woerterbuchnetz.de , University of Trier).
- ↑ Lexicon entry: Morgengabe. In: Johann Georg Krünitz (Ed.): Economic Encyclopedia . Berlin 1773–1858 ( woerterbuchnetz.de , University of Trier).
- ↑ § 1230 ABGB
- ↑ § 1231 ABGB
- ↑ Federal Law Gazette I No. 75/2009