Marriage Law according to the Josephine Code of 1787 and the Reception of Roman Law in its Provisions
Marriage Law according to the Josephine Code of 1787 and the Reception of Roman Law in its Provisions

Summary/Abstract: The study highlights the provisions of the third chapter "On the Rights of Spouses" of the first part "On Personal Law" of the Josephine Code of 1787, which regulated marital relations in the Habsburg monarchy. First of all, the author analyzes the condition of scientific research of the set problem as a whole in the European science of the history of law since the end of the 18th – beginning of the 19th century and up to the present, as well as in the Ukrainian science. The author reveales the prerequisites of compiling the Josephine Code and considers the peculiarities of the codification work on it. The main focus of the study is based on the characteristics of marriage law according to the Josephine Code and the identification of the reception of the Roman law in its provisions, while for the first time, the meaning of the Marriage Patent of January 16, 1783, is clarified. Therefore, the author researches the conditions and procedure of concluding a marriage, including the conditions and legal consequences of recognition a marriage to be invalid; the grounds, conditions and procedure for dissolution of marriage, including the mode of separate residence of the spouses (so-called separation from board and bed). In conclusion, the author substantiates the historical and legal significance of the Josephine Code.

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