Skutki prawne niedopełnienia przez matkę obowiązku uzyskania zezwolenia rady familijnej przed ponownym zamążpójściem na podstawie akt łódzkiego magistratu (1832-1876)
Legal Consequences of the Mother's Failure to Obtain the Consent of the Family Council Before Remarrying, Based on the Magistrates' Files from Łódź (1832-1876)

Summary/Abstract: The death of one of the parents resulted in the need to arrange custody for the children. The mother was the natural guardian of her children, but she had to complete the formalities required by law. A new marriage affected her guardianship rights. The Civil Code of the Kingdom of Poland of 1825 required the mother to obtain the consent of the family council before entering into a new marriage. failure to complete this formality meant that she lost guardianship by operation of law. Civil law in this respect was equally restrictive for guardians, both for wealthier and poorer pupils. These regulations were impractical. In practice, smaller guardianships operated informally. A family council was convened several or even a dozen years after the father's death. The family council could restore the mother to the guardianship. It should then add her new husband as a co-guardian. In practice, these bodies very often used this possibility, despite the women's negligence. Only in two cases (out of twenty-three) was there a change of care against the will of the mother. The analysis of custody files brings us closer to the difficult economic situation of widows, who often sought a chance to improve the fate of their family in a new marriage.

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