Echtscheiding in de Leuvense rechtspraktijk in de nasleep van de ‘Groote Oorlog’ | Amsterdam University Press Journals Online
2004
Volume 23, Issue 2
  • ISSN: 1566-7146
  • E-ISSN: 2667-1611

Abstract

Abstract

In order to contribute to the existing gap in the Belgian legal history, the divorce jurisprudence from 1919 to 1922 of the court of first instance in Leuven was studied. The challenges resulting from the Great War were clearly visible in the examined judgments. First, there were regular references to the war and more specifically to the German enemy and the behaviour of the women who remained on the home front. In addition, due to circumstances created by the war some Belgians were unable to go before the civil registrar to have their divorce pronounced. The suspension contained in the Royal Decree of 26 October 1914 could, contrary to its purpose and due to the uncertainty surrounding the date of the end of the war, not be applied. Finally, the judges showed a flexible attitude in the analysis of the divorce motive ‘gross insults’. In this analysis, the role soldiers played during the war clearly aroused sympathy among the judges.

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