Beiträge zur Rechtsgeschichte Österreichs 2 / 2017, pp. 216-238, 2017/12/20
Privatrecht in unsicheren Zeiten
Zivilgerichtsbarkeit im Nationalsozialismus
As part of the research project “Privatrecht in unsicheren Zeiten – Österreichische Zivilrechtsjudikatur unter der NS-Herrschaft” (Private Law in Perilous Times – Austrian Civil Law Judicature under National Socialist Rule), the author was given the opportunity to write a doctoral thesis in which the development of Austrian lineage law during the period of National Socialism was thoroughly reviewed for the first time. This article presents a summary of the research and its results: Judgements of the Vienna Regional Court and the Austrian Senate of the ‘Reichsgericht’ are used to analyse how the judges dealt with the contradiction between statute and ideology. In addition to the legal framework, other factors that were decisive for the courts, such as the introduction of new types of evidence and the influence of National Socialist and state authorities, are also considered.
Keywords: Austria – Civil law – Law of lineage – Marriage law – National Socialism – Paternity
