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Title:

Radzieckie prawo rodzinne jako przedmiot recepcji w Polsce i innych państwach Europy Środkowo-Wschodniej

Alternative title:

The Soviet family law as a subject of reception in Poland and in other states of Central-Eastern Europe

Creator:

Fiedorczyk, Piotr

Subject and Keywords:

family law   Soviet Russia   Poland   Central-Eastern Europe  
prawo rodzinne   Związek Radziecki   Polska (1944-1989)   Europa Środkowo-Wschodnia

Description:

Kontynuacją tytułu są: Acta Universitatis Wratislaviensis. Studia nad Autorytaryzmem i Totalitaryzmem ; t. 34- ; ISSN 2300-7249

Abstract:

The law of the USSR became a subject of accelerated reception in Central-Eastern European states since mid-1948 as a part of a process of Stalinization of these countries. This occurrence was also reflected in the sphere of family law. The ideological grounds of Soviet family law referred of course to the views of Karl Marx, but mostly to the book by Friedrich Engels titled “The origin of family, private property and the state”. Communist theoreticians, including W.I. Lenin, held different opinions on the subject of family and family law. However, they were in general agreement that the institution of family should gradually vanish and be replaced by free relationships. Such views infl uenced the first codifications of Soviet family law. Nevertheless, since mid-thirties USSR started departing from such regulations; the Stalinist legislation was based on the assumption that the position of familial institutions ought to be rebuilt. For example such attitude is clearly visible in the decrees from 1944 which opened a new chapter in the history of Soviet family law. The form of family law resulting from these decrees was a basis for reception by the “popular democracies”. One of the features of the USSR family law was its separation as a different branch from the civil law. The distinction was not sound on the theoretical level but it was countenanced by Andriej Wyszyński in 1939. The reception of Soviet solutions occurred at the beginning of the fifties when the separate family law codes were introduced in the majority of Eastern European states. They imitated the principles of Soviet law, including secularity of marriage, equality between sexes, equal treatment of extramarital children, the community of property in marriage. These codes contained some local elements but the scope of their distinction from the Soviet model is a matter for further study.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Maciejewski, Marek. Red.

Date issued:

2009

Date copyrighted:

2009

Detailed Type:

czasopisma (wydawnictwa ciągłe)   artykuł

Identifier:

oai:repozytorium.uni.wroc.pl:108393   ISSN 0239-6661   ISSN 0137-1126

Source:

PAd P 101182 II

Language:

ger   eng   pol

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3154. Studia nad Faszyzmem i Zbrodniami Hitlerowskimi, ISSN 0137-1126. 2009, 31, s. 355-380

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg