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Die Entwicklung des Ehegattenunterhalts

    Constanze Fischer-Czermak

Beiträge zur Rechtsgeschichte Österreichs 1 / 2012, pp. 179-194, 2012/08/02

Eherecht 1811 bis 2011 - Historische Entwicklungen und aktuelle Herausforderungen

doi: 10.1553/BRGOE2012-1s179

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doi:10.1553/BRGOE2012-1s179


Abstract

This article discusses the various forms of maintenance for spouse throughout the history of the Austrian legal sys- tem.  Maintenance for spouse includes not only the support during the marriage, but includes spousal support after death and divorce as well. The main focus of this article is maintenance for former spouse after divorce. To introduce spouse support after divorce it is necessary to consider the different forms of separation, which have been in force under the Civil Code of 1811 and the Marriage Act of 1938. While the Catholic population, the majority in Austria, were only able to separate from table and bed under the Civil Code 1811, the Marriage Act of 1938 introduced the judicial separation independent of confessions. This article compares the different consequences of separation with respect to maintenance under the Civil Code of 1811 and the Marriage Act of 1938 in its original form and its form today. They have in common that the maintenance for spouse depends on the default of one spouse, although the development of the recent years shows a partly digression from the element of default.