Advanced Search
MyIDEAS: Login to save this paper or follow this series

Concubinajul – formă a erodării şi disoluţiei familiei în spaţiul Crişanei (începutul secolului XX)
[Common-law Marriage – Means of Erosion and Dissolution of the Family in the Crisana Area (beginning of the 20th century)]

Contents:

Author Info

  • Brie, Mircea

Abstract

Divorce, common-law marriage and illegitimacy (irrespective of its forms) were, no matter the society typology as the phenomenon is approached, forms of social deviation that entailed the dilution of the family image and norms. We do not discuss here about a dilution of the traditional norms concerning family, as someone might misunderstand, it was an erosion of the idea of family in general. The “family” could acquire different forms as compared to the “official” one. Paradoxically, all these were not only the result of personal emancipation, when the youth broke from the traditional norms, which were strongly influenced by religious norms and values, and would have got involved in “dangerous and shameful relationships”. The peasant “forgot” to marry his woman not out of emancipation. The theory of personal emancipation leading to the erosion of the idea of family through the dilution of traditional norms, which was valid from the urban perspective (here, due to the affirmation of modernity, the alterity of religious norms led to such relationships), was not supported in the peasant countryside. The Church fought all these. In fact, the bishopric sent guidelines to priests to take steps against common-law marriages very often. Despite priests’ endeavours, the results were not considerable. Few priests could boast (after the first recommendation) in their subsequent parish report to have significantly contributed to diminishing the number of common-law marriages in their parish. The Church faced another issue brought about by its long debate with the State to control the act of marriage. The marriage laws set out in 1894 were the most complex laws regulating the political-religious relations in the matrimonial field in the second half of the 19th century. Due to their clarity, they managed to put an end to the conflicts between the lay and church authorities. Moreover, the debate concerning matrimonial issues for different confessions ended, too, in favour of the State. The State managed to impose its authority in the matrimonial field. The Church was thus compelled to accept the increased competence of the State by introducing the civil documents. All these caused mutations that triggered very different behaviours. Nevertheless, the Church kept imposing religious marriage, divorce and re-marriage for all its parishioners. In such a situation, by analysing the evolution of common-law marriages from the perspective of the Church, we may notice that, on the level of the whole area we focused on, there was a greater easiness in approaching religious marriage after 1895, once the compulsory civil marriage was imposed. The perception of the divorce also changed when the civil matrimonial law was introduced at the end of 1894. Through a last effort, as the Church did not acknowledge lay divorce, they did not grant the right to a second marriage to the individuals. Moreover, from the perspective of the Church, the possible future marriage was considered as a mere common-law marriage, although the State approved of the divorce and the second marriage in which a divorced partner was involved.

Download Info

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
File URL: http://mpra.ub.uni-muenchen.de/44185/
File Function: original version
Download Restriction: no

Bibliographic Info

Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 44185.

as in new window
Length:
Date of creation: 2008
Date of revision:
Publication status: Published in Supliment al Masteratului de istoria şi socio-antropologia epocii moderne Ioan Bolovan, Cornelia Mureşan, Mihaela Hărăguş (coordonatori), Perspective demografice, istorice şi sociologice. Studii de populaţie, Omagiu profesorului Traian Rotariu la împlinirea vârstei de 65 ani, Presa Universitară Clujeană, Cluj-Napoca.X(2008): pp. 151-181
Handle: RePEc:pra:mprapa:44185

Contact details of provider:
Postal: Schackstr. 4, D-80539 Munich, Germany
Phone: +49-(0)89-2180-2219
Fax: +49-(0)89-2180-3900
Web page: http://mpra.ub.uni-muenchen.de
More information through EDIRC

Related research

Keywords: common-law marriage; erosion; dissolution; family; Crisana; Transylvania;

Find related papers by JEL classification:

References

No references listed on IDEAS
You can help add them by filling out this form.

Citations

Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
as in new window

Cited by:
  1. Brie, Mircea, 2009. "Preocupări de demografie istorică în istoriografia românească
    [Historical Demography occupations in the Romanian Historiography]
    ," MPRA Paper 44731, University Library of Munich, Germany, revised 2009.

Lists

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

Statistics

Access and download statistics

Corrections

When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:44185. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Ekkehart Schlicht).

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.