Abstract

The paper examines the legal position of women in the Kingdom of Yugoslavia, with emphasis on the reforms proposed in the Draft Civil Code for the Kingdom of Yugoslavia. The legal system of Yugoslavia was not unified and therefore the position of women differed from one legal territory to another. The paper briefly reviews legislation in the six Yugoslav legal territories with emphasis on unfavourable norms which required reforms. The Draft is analysed in detail. It enacted complete legal capacity for married women, equal inheritance rights for male and female children and improved inheritance position of widowed spouses. Adoption of a modified separate property system and diminished parental rights of mothers are considered as drawbacks of the Draft. Special rules for inheritance in rural areas and Sharia law (mandatory for the Muslim minority) are analysed as exceptions from the Draft Civil Code. Legal theory opinions on the legal position of women that were presented during the public debate on the future Civil Code are also reviewed. The conclusion analyses the appropriateness of the Draft in the context of social and political circumstances in the Kingdom of Yugoslavia.

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