Publicisation of Family Law in Czechoslovakia in the 20th Century

Abstract

This article analyses the development of Czechoslovak family law in the 20th century, with emphasis on changes in family and marriage, status of women in the family, marriage, and society, and changes in the legal status of children (with a focus on state interest in child education). In particular, we introduce the results of our research on the foundation of the system of state social care for children, the emancipation of children and women from the dominance of their fathers, and a communist experiment to place the family under socialist state supervision. We draw attention to how these changes introduced public law elements into family law and how family law became an independent legal branch. To research these topics, we analysed the following legal acts: Act No. XXXI of 1894 on the Marriage Law, which was in effect in Czechoslovakia from the establishment of Czechoslovakia in 1918 until 1950, was amended through Czechoslovak Act No. 320 of 1919 Coll. on Marriage Contract Ceremonies; Family Law Act No. 265 of 1949 Coll., which was in effect from 1950 to 1964; Family Act No. 94 of 1963 Coll. that was in effect from 1964 to 2005; and Act No. 36 of 2005 Coll. on a family currently in effect. In addition, we worked with case law, sociological research, archival sources, etc. In conclusion, the most turbulent turnover in family law occurred in our territory in the 19th century through the Hungarian Act of 1894. The 20th century, however, was the most turbulent regarding the number of changes, some of which the authors analysed in this article.