Divorce by Act on family law of 1949

Abstract

Presented article aims at legal analysis of the institute of divorce, which in the sense of definitive extinction of matrimony has appeared for the first time by adoption of Act No 265/1949 Coll. on family law - the first and ideologically new socialistic code on family law in Czechoslovakia. The author pays a special attention to conceptual designation of legal institute of divorce, to differentiation from previously used terms legal separation of marriage and so called separation a toro et mensa. Subsequently author concentrates on individual provisions of the divorce by act on family law. In according to problem with application of new law by courts the author points out how the intent of the legislators approved in judicial practice in the fifties of 20th century.