History of state and law of foreign countries. Development of institutions of bourgeois civil law. Family Law (Most Important)

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History of state and law of foreign countries. Development of institutions of bourgeois civil law. Family Law (Most Important)

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Development of institutions of bourgeois civil law. Family law

Code of 1804 sets principle of secular marriage. According to the Napoleonic Code, the head of the family is the husband. He "provides patronage to his wife," for which she must pay "obedience." She cannot appear in court without her husband's permission. Even in the case when, according to the marriage contract, the property of the spouses is separate, the wife does not have the right to alienate, pledge, give or acquire anything without the consent of the husband. Her only privilege is the right to make a will.

Divorce was allowed in precisely defined cases: due to abuse, rough treatment or severe insults, and also because of the mutual stubborn disagreement of the spouses to continue marital relations.

В 1907 BC The French legislator grants a woman the right to freely dispose of her earnings, including the right to have personal savings. She became the manager of independently acquired property, received the right to speak in court in disputes related to this property. In case of disagreement between the spouses, the court began to determine their share in the total expenses.

The German civil code proceeds in the same way from the headship of the husband in the family. He decides all the main issues related to the existence of the family, alone owns the property of the family and appears in the family court. The wife is responsible for housekeeping.

The new time was reflected, however, in this vault. The wife remains the owner of the property that she brought into the house or acquired in marriage; she has the right to demand separate residence, can engage in her professional activities. The legal grounds for divorce are the same for both husband and wife. The reasons for the divorce are: a deep shock to the family foundations as a result of "dishonest behavior", "deeds that are contrary to morality", etc.

Paternity searches were prohibited by law Belgium, Holland, Spain, Portugal, Italy etc.

In the United States, illegitimate children - as a general rule - were not considered to be related to the father, and therefore their recognition was allowed only by subsequent marriage of the parents.

In France, Switzerland and in many other countries, the courts exempted the father of an illegitimate child from liability even if he could prove the "lewd behavior" of the mother, which meant not only receiving money, but even random gifts.

English marriage law, just like continental law, has undergone a serious evolution. Along with church marriage, secular marriage became possible. The place of "excommunication from the table and the bed" was taken by divorce, legalized in 1857 BC At the same time, "simple adultery of a husband" was not recognized as a ground for divorce until 1923 BC, while the husband, even before that time, could rely on “adultery committed by the wife after marriage.” In contrast to “simple adultery,” English law specified “qualified adultery,” that is, combined with incest, bigamy, cruelty or abandonment of the wife for at least two years.

English law was important 1882 BC, according to which the woman finally received the right to dispose of her property.

English law, more stubbornly than any other, believed that a child born out of wedlock is "nobody's." No method of adoption, including the subsequent marriage of parents, was allowed until 1926 BC

Parental authority in all bourgeois laws belongs to the husband.

But no law forbade the father from using "corrective measures." Related abuses caused English law 1908 BC, which established parental responsibility in cases of child abuse.

Author: Selyanin A.V.

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