“Justice ou liberté?” De impact van de Eerste Wereldoorlog op het Belgische privaatrecht

Belgian legal historians kept somewhat aloof from the commemorative events around World War One, contrary to the neighbouring countries where the consequences of the Great War on civil law have been exposed. However, Belgian lawyers at that time reported the unmistakable impact of the war and the occupation on different legal branches such as contract law or private and family law. On the basis of legislative and parliamentary documents and legal doctrine, this contribution offers an overview of the alterations in national civil law, both during and after the occupation. It intends to uncover the lacunae in legal historiography and indicates where further research is possible. At the start of world confliction, Belgian legislator introduced temporary measures which became permanent during the war and created tensions with the German decrees (Verordnungen). Eventually, World War One ended the 19th century non-intervention idea of the national governemt. From 1918, active state intervention sounded louder than before, introducing solidarity and ‘justice’ as norms to be pursued.

Publication year:2018

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