Trwałość i nierozerwalność małżeństwa w ujęciu prawa polskiego i kanonicznego
The permanence and indissolubility of marriage in Polish and Canon Law
Languages of publication
Marriage is an institution, through which family as a basic cell of social life is formed, which makes it an object of interest and care for many entities, among them, the state and the Church. Concern about marriage and family shown by the state and the Church is expressed mainly in the development of appropriate legislation to guarantee the permanence of marriage and the rights of the family. However, not all marriages enjoy stability and durability. Especially recently, in our civilization and culture, one can observe more and more split marriages. This article presents the similarities and differences in regulations concerning the separation of spouses in the light of Polish law and Canon law. The analysis of separation, the declaration of nullity of canonical marriage, of the non-existence and nullity of civil marriage, civil divorce, the dissolution of an impeded canonical marriage and, due to the “privilege of faith”, leads to the conclusion, that the greatest systemic protection of the permanence and indissolubility of marriage, apart from separation, which serves the same supreme purpose in both codes of law, is provided by the Canon Law. A marriage entered into by two baptized spouses who fulfilled their wedding vows benefit from the protection of absolute indissolubility. Relative indissolubility can only be enjoyed by those marriages that have either been concluded by the unbaptized persons, or those which have not been consummated. While Polish law, despite the fact that it is based on the principle of the permanence of marriage and calls for the protection of the family founded by the spouses, allows divorces, as well as annulments of marriage once appropriate conditions are met. Thus, the protection of marriage in Polish law is defective.
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