The Position of the State Representative in Divorce Disputes after the Adoption of Act No. 41/1943 SL.Z.

Abstract

In this article, we focus on the consequences of the adoption of Amendment No. 41/1943 Coll. to the Civil Procedure Code, with an emphasis on the position and activities of public prosecutors, as this law fundamentally changed the previous position of state prosecutors in divorce proceedings. We also discuss legal regulation No. 11.186/1943-7, which followed the adoption of the aforementioned law and which further regulated certain obligations associated with the position of the public prosecutor in divorce disputes. The aim of this article is to examine the impact of legislative changes on application practice and to analyze their influence on court decisions. The article is based on ongoing archival research, which makes it possible to identify not only the formal aspects of legislative changes, but also their real significance for the functioning of judicial practice under the Slovak State regime. In analyzing the activities of state prosecutors, we rely on a textual analysis of reports sent to the Chief State Prosecutor's Office and the Ministry of Justice. These reports are located in the collections of the Slovak National Archives. In analyzing the application practice, we worked with individual court decisions available in the State Archives in Banská Bystrica.