Rodzina w systemie prawnym Szwajcarii. Kilka uwag o historii i rozwiązaniach współczesnych

Abstract

In the article the historical determinants of the Swiss family status are presented. The patriarchal model, that had been practiced throughout the centuries, is described. Applying to the whole country, it had been permanently anchored in the Swiss Civil Code (ZGB) from 1907. The rightful backwardness of women used to be strictly connected to the fact, that they had no suff rage (until 1971). Also changes made in ZGB since the seventies of the 20th century were introduced. As a result of those changes, spouses obtained equal rights, marital and non-marital children obtained rights’ equation, and, finally, the superior father’s position toward other family members was denied. It triggered rebuff to the classical family model based on the father’s domination, even the legal assent of civil partnership.