Civil Law in Forced Unions. The Austrian Civil Code and its Significance for the Development of Civil Law in Central Europe

Abstract

The current Austrian Civil Code goes back to 1811, after more than 200 years it still is in force in Austria –though with many amendments. Its origin and development is connected to the political history of the Austrian Empire, later the Dual Monarchy and its successor states in the 20th century. The paper analyses the significance of the Austrian Civil Code on the development of civil law in Central Europe on the verge of the collapse of the old empires and the emergence of the new political systems. Especially the question of the influence of the Austrian Civil Code on Polish law and inversely the influence of Polish lawyers on the development of the Austrian Civil Code is addressed. Due to the character of the inclusion of the Polish parts into the Austrian Empire in the 18th century the paper raises the question of the role of civil law in forced unions.