Divorce Law Applicability in Pending Cases

In a divorce proceeding where the parties had agreed in a settlement to apply the old divorce law despite the new law taking effect before the judgment, the court ruled that Article 7b Paragraph 1 of the Transitional Provisions to the Civil Code is mandatory, meaning the parties have no legal basis to choose between the old or new divorce law, even if the divorce action was initiated before the new law's enactment. The court reasoned that federal transitional provisions concerning mandatory laws enacted for public order and morality must be applied, as allowing free party choice would create legal uncertainty and contradict the legislative intent to apply the new law swiftly in pending cases.