The Austrian Civil Code as a Source of Matrimonial Law in Galicia – An Overview of Key Regulations

Abstract

The aim of this article is to present the fundamental provisions of the Austrian Civil Code issued in 1811 by Emperor Francis II concerning marriage, juxtaposed with matrimonial practices in a major urban and religious center such as Przemyśl during the period of Austrian rule. The article also seeks to verify which elements and to what extent the Civil Code were applied in local administrative practice, as well as to assess whether demographic-historical research based on parish records can fully rely on Polish translations of the Austrian Civil Code. The findings of the analysis indicate that the substantive legal value of the Polish translations is beyond dispute. However, it should be noted that the translations of the original 1811 Civil Code were, in fact, renditions reflecting the state of civil law in Austria and Galicia as of the year of publication. Therefore, in research practice, these translations can be used when analyzing later vital records, such as those from the interwar period. For earlier records, however, one must refer either to the original code, its contemporary translation, or subsequent translations.