For the Female Intercessor’s Sake?

Protection vs Protectionism in Roman and Austrian Civil Law


  • Karina Jasmin Karik University of Vienna



protection, protectionism, protective rules, intercessor, guarantor, SC Velleianum, consumer protection, legal gender studies


This article elaborates on the construction of protective rules in different periods of time, drawing upon provisions aimed at protecting intercessors. On the one hand, the ancient Roman Senatus Consultum Velleianum, its predecessors and its interpretation in the case law of classical jurists are addressed. On the other hand, the pertinent provisions of Austrian civil law [§§ 98 EheG, 41 EPG, 25a-d KSchG] and the OGH case law that draws upon § 879 (1) ABGB are being analysed. This paper, furthermore, puts forward three criteria for distinguishing between (adequate) “protection” and (discriminatory) “protectionism”– those being jurists’ reasoning, the purpose of the rule in question and the perspective(s) of the persons concerned – and shows how they may be fruitfully applied with regard to the above-mentioned provisions.

Author Biography

Karina Jasmin Karik, University of Vienna

Dr. Karina Jasmin Karik, BA M.A.I.S. studied law and sociology at the University of Vienna; further, she completed a master’s degree at the Diplomatic Academy of Vienna. Currently, she works as a research and teaching assistant at the University of Vienna. Her research interest lies at the intersection of law and social sciences.