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Legal Regulations regarding Family in the Austrian and Hungarian Legislation in the Second Half of the 19th Century
In: Politici imperiale în estul şi vestul spaţiului românesc, S. 297-306
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.
Parish registers of civil status in Transylvania in the second half of the nineteenth century: documentary signification
In: Interpretazioni del documento storico: valore documentario e dimensioni letterarie, S. 164-193
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.
Două cazuri de divorţ în oraşul Arad în secolul al XVIII-lea
In: Studii de demografie istorică (secolele XVII – XXI), S. 63-68
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.
Rural professions versus urban professions: socio-professional determinisms and marital options in Crisana (second half of the 19th century - beginning of the 20th century)
In: Relaţia rural-urban: ipostaze ale modernităţii
The socio-professional element in marital options was extremely reduced taking into account that we have considered a rural area almost in its entirety. At the end of the 19th century and the beginning of the 20th century, this world used to have a strong traditional propensity with a low number of professional options, as most inhabitants were mainly involved in agriculture. As a consequence, when speaking about the socio-professional determinism in choosing a marriage partner, we have to take into account the fact that most youth getting married had mostly rural professions. On the other hand, the socio-professional element was more active in urban area and in the environment dominated by Roman-Catholic or Reformed population.
The social and professional status undoubtedly had an important role in achieving and settling a family despite the reduced number of options. Personal emancipation and socio-professional status had a determining influence on choosing a partner. The phenomenon was more obvious in the city and towards the beginning of the 20th century in other rural places, where the traditional left room to a process of socio-economic modernisation under the influence of the increasing number of non-agricultural activities. As one can easily anticipate, these changes led to new mental perceptions and hence to a new reaction of the community. Deep changes could be noticed as this area joined an economic circuit leading to new mutations in several economic sectors. Economic development and the spreading of non-agricultural activities associated to urban development whose influence was ever growing entailed changes in family relations. There were also mutations in family relations, domestic group and household resources. These changes were not yet visible in all places in the region: some were still anchored in the traditional where the new had a hard time to penetrate, while major changes on the level of the collective mental could not be seized during the time we analysed.
The large scale analysis of the phenomenon has led to the conclusion that where there were better socio-professional options, their determinism on marriage could be identified as highly important. How can we determine the way in which the socio-professional element influenced marriage? To what extent a young man with a superior social and professional status had more marital options? To what extent other "constraints" (confession, ethnie, civil status, age, etc.) were less important when facing strong socio-professional determinism? More precisely, was a man with a superior socio-professional status wanted by many young women despite old age, his civil status as a widower or a divorcee, of if he had a different confession or ethnie? To identify the mechanism of this determinism, we suggest a more complex analysis where the socio-professional element should be corroborated with other marriage determinisms or constraints. From these premises, we will attempt to make a methodological analysis of the socio-professional status from three points of view: ethno-confessional element, civil status and age of partners.
Evoluţia delimitării teritorial-administrative a Republicii Moldova: de la centralizare la recentralizare
In: Administraţia statului Republica Moldova la 20 de ani de independenţă: Materiale ale sesiunii de comunicări știinţifice, 29-30 octombrie 2011, S. 71-78
Territorial-administrative delimitation is a system of territorial organization, which serves as a legal basis for the functioning of local administrative institutions. Effectiveness of these institutions depends from rationality of territorial-administrative delimitation. Territorial-administrative delimitation follows location of local public administrative authorities at the first and second levels in a specific territorial, juridical and administrative framework for effective administration of locality, and in order to achieve principles of local autonomy and decentralization of public services. Under the chronological aspect, the process of territorial-administrative delimitation of the Republic of Moldova went through three distinct phases within two decades of independence: The first phase - perpetuation of centralized territorial-administrative delimitation of soviet type, which embraces the periods from declaration of Independence up to entry into force the Law no. 191 - XIV from 12.11.1998. Second phase - trying to build territorial-administrative system in the spirit of the principles of decentralization, which lasted from the date of entering into force of the Law no. 191 - XIV from 12.11.1998 until 29.01.2002, the date of entering into force of the Law no. 764191 - XIV from 27.12.2001. Third phase – returning to central territorial-administrative delimitation, which starts on 29.01.2002 and lasts till present. It is an axiom that the Republic of Moldova must give up the soviet system of territorial-administrative delimitation. It is more complicate to find the ideal model, which will correspond to new provocations that will face the Republic of Moldova in future. Determination of territorial limits of local collectivities is a very complex work and depends from a lot of facts. That is why, the judicious delimitation of territorial limits of local collectivities is important to consider the following moments: 1. Being by nature a matter of national interest, changing array of administrative organization of the territory of the state should be a result of public debates, determinedly with large participation of local authorities at the both levels as well as with citizens. 2. Territorial-administrative delimitation should be realized in a perspective of overall society development, as well as objectives and duties, which will return to administrative system in future. 3. The option for special model of territorial-administrative organization should be a result of one deep scientific survey. 4. For the delimitation of territorial-administrative units (as a number, structure, dimension, etc) can not be neglected social, material, financial and other nature costs, for short, medium or long term, that these activities involve and which the society must face. 5. Studying different models and practices of territorial organization of local autonomy has a great importance. Analyzing international practices in a matter of territorial delimitation, consequences of various options of local structures, such as studying arguments pro or contra of these structures in different states gave us the opportunity to establish that the process of territorial delimitation is determined not only by objective factors, but also by the subjective.