Suchergebnisse

More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church's right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual's life.
As time went by, the State became more and more complex while its legislation became ever more "lay". It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church's legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man's life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children's interests. They were all conceived to better supervise individual's education in a moral family where the Church would still have an influence.

This study proposed, first, to carry out, based on archive documents, an incursion as regards matrimonial relationships of XVIIIth century with all legal, economic and social connotations involved. The marriage contracts studied fall into a typology more closely of what was happening in the same period in Western Europe than in South Eastern Europe. This is because such acts have emerged within the former county of Arad in the first half of the century after the establishment of Habsburg domination and after the German colonists were brought into the area.
Besides the juridical problems regarding the contractual liabilities of the spouses, the status of the children, some problems related to wealth and dowry, I tried to mark out some aspects regarding the everyday life of Arad's inhabitants in the XVIIIth century.

The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.

The parish registers of civil status, although the main sources of documentation for historical demography, are used with significant results by the other sciences such as history, ethnography, sociology, anthropology, linguistics, etc.. The perspectives of approaching the rural community and family have expanded considerably using these sources of ecclesiastical origin documentaries. The first researchers who refer to a systematic methodology that uses the parish registers of civil status as documentary sources for the completion of demographic data suggest the use of other sources, hitherto unused for this purpose. They will apply a new method, a modern innovation, the stripping and analysis of parish registers of civil status within the meaning of the reconstruction of demographic events (birth, marriage, death).
The family reconstitution method, by analyzing the parish registers of civil status proposed by L. Henry and M. Fleury, has revolutionized the field of study dealing with people. Louis Henry believes that the parish registers of civil status is the ultimate source of information for the pre-state period and this is precisely the reason for which he proposes restoring the family's biological life. Church registers are only able to give us an insight into the family in rural areas, at least for the second half of the XIX century. Church documents, the fundamental sources for researching family life, are of two categories: 1. civil status registers and annual reports of the parishes, 2. Church authorities funds, documents and minutes recorded by the bishops. These documents are complex sources for the researcher interested in historical demography, social history, and the economic history of toponymy, birthdays, etc.
Processing the data contained in these records requires a specific methodology. They allow us to observe trends that have occurred on the long-term demographic events such as: birth, marriage or death. These records are presented for a long time as their only source of documentation regarding civil status and demographic events in the life of most people. Researching these records can unveil important features of natural population movement, the phenomenon of birth, of marriage, the divorce or death. Then, an analysis of form and content of these registers can capture the cultural universe of the priests who fill these records.
These Church documents proved to be important, especially where other documentary sources (mainly those in the category of records made by the state) have proved insufficient, incomplete and unclear. The parish registers of civil status in this case are suitable for both a qualitative analysis, and a quantitative one at the level of local communities. Beyond their usefulness and significance of documentary source, these documents should be regarded as being subjective because they were managed by priests (every priest is then an exponent to promote demographic and confessional "realities" and such realities were viewed from the perspective of his own religious convictions). The parish registers, however, prove to be the only documents that allow us to penetrate the privacy of individuals in each community. A documentary is also undeniably a good dowry that researchers should promote and use in their research not only locally but also to verify and demonstrate certain behaviours and overall trends.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.

The two documents which are the subject of the present study, made to share property in the event of divorce, help to form an image on various aspects of daily life, poorly known from other sources: household size, land property, earnings in marriage furniture, tools, animals, prices, food, secular and religious involvement of the private life etc. In addition to legal information, both inventories, which stood at the base of documents on which the property was to be divided, reveal another perspective on social history of Arad in the late eighteenth century.