Matrimonial law of Austria as viewed against the background od State-Catholic Church relationships (18th through 19th centuries)

The paper is lhe presentation of the key questions in the history of matrimonial law of Austria in the 18lh through the 19th centuries. Three phases of this history may be distinguished, its milestones being formed by the 1) period between the Joseph H’s Ehepatent of 1783 and the adoption of ABGB (Civil code) of 1811, 2) Springtime of Nations and conclusion of the Concordate between Austria and the Apostolic See in 1855, and 3) the „Austrian Kulturkampf’ of 1867-1870 that put an end to the Con- cordate. The paper discussed the major arguments exploited in the dispute between the State authorities and the Catholic Church, the dispute being distinctly visible in the changes experienced by the matrimonial law of the analysed period. What was additionally analyzed was the Josephinian Ehepatent, the ABGB provisions and the Concordate as well us the statutory changes referring to matrimonial issues after 1867. The analysis allowed to outline the discussed problem from the new and interesting perspective