The Struggle to Preserve Co-acquisition in Interwar Czechoslovakia Cover Image

Boj o zachovanie koakvizície v medzivojnovom Československu
The Struggle to Preserve Co-acquisition in Interwar Czechoslovakia

Author(s): Lenka Martincová
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Civil Law, Interwar Period (1920 - 1939), Comparative Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: interwar Czechoslovakia; unification; civil code; co-acquisition

Summary/Abstract: The adoption of the law on the establishment of an independent Czechoslovak state from 1918, which adopted the previous law of Austria-Hungary on Czechoslovakterritory, brought with it legal dualism. This was also manifested in property relations between spouses; while in the territory of the Czech countries this area was based on the dispositively applicable legal system of separate property of spouses, in the territory of Slovakia and Carpathian Ruthenia Russia two dispositive systems operated side by side, namely the system of separate property and the co-acquisition system, which were derived from the previous status arrangement of society. The solution to the legal dualism, which brought with it many problems, was supposed to be a legal arrangement that would be applied uniformly throughout the territory. After many discussions, the unification work took the path of a moderate revision of the provisions of the ABGB, while in this process the specific legal conditions of Slovakia and Carpathian Ruthenia were considered. The study follows the unification work in the field of civil law mainly on the basis of the discussions of experts who participated in the drafting of the Civil Code and the basic documents that were their results, while paying particular attention to the activities of the Slovak professional public, led by the Ministry of Unification and the Slovak Commission for the civil law as well as other experts who fought for the preservation of the institution of co-acquisition in the interwar period.

  • Issue Year: 54/2024
  • Issue No: 2
  • Page Range: 65-80
  • Page Count: 16
  • Language: Slovak
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