Verlag der Österreichischen Akademie der Wissenschaften

Abstract:
Among institutes of Austrian Civil Law none other oftener was exposed to attempts of amendments than marriage law. In this connection main point of contact was the question if judicial separation of a married state in lifetime of marital partners should be allowed or not. Since 1875 Austria and her confessional discriminating marriage law just was surrounded by states in which marriage was obligatory without religious ceremony, and – independent of confession – judicial separation of  a married state with authority to remarriage was permitted. This took place first of all in Germany and Hungary. In order to give rise to the application of German or Hungarian marriage law – except for possibly changing to protestant confession – for Catholics, who only were separated from table and bed, but intending to do remarriage, it was put up with changing domicile and citizenship – at least for a short time.