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Kontrowersje wokół małżeństwa zawieranego przed duchownym a projekt kodeksu rodzinnego przedstawiony przez Rzecznika Praw Dziecka

100%
Bugajski B.
Kwartalnik Prawa Prywatnego
|
2021
|
vol. 30
|
issue 1
105–130
EN
The article is a reaction to the submission by the Children’s Ombudsman of the draft of the new Family Code, which does not alter the provisions governing the civil effects of marriage officiated by a member of clergy. It first presents the legislative history and key assumptions underlying the draft of the new Family Code and examines them by means of a critical review. What follows is an outline of theoretical models adopted by selected European countries with respect to the celebration of marriage. The article then discusses Polish provisions governing marriage officiated by a member of clergy. Particular attention is paid to serious doubts expressed by legal scholars as regards the nature of a marriage certificate that is issued following such marriage. Consequently, the article provides suggestions on how the applicable provisions should be amended and criticises the solution offered in this respect by the draft of the new Family Code.
2
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Celebracja sakramentu małżeństwa według wybranych dyrektoriów duszpasterstwa rodzin

72%
Adamczyk J.
Ius Matrimoniale
|
2016
|
vol. 27
|
issue 3
49-80
EN
This article is dedicated to the celebration of marriage according to selected directories of ministry of families. Mentioned documents devote a lot of place to the rites of the marriage. In the first part of the article there were presented theological and pastoral meaning of the celebration of marriage. The second part pointed out preparations to marriage. The third part tells about ways of marriage celebration and in the last part there were discussed the place and the time of wedding.
3
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Prawo właściwe dla zawarcia małżeństwa w polsko-ukraińskiej umowie o pomocy prawnej i stosunkach prawnych w sprawach cywilnych i karnych

72%
Popiołek W.
Problemy Prawa Prywatnego Międzynarodowego
|
2023
|
vol. 32
EN
The law applicable to marriage between Polish and Ukrainian nationals is set out in the 1993 Convention between the Republic of Poland and Ukraine concerning legal aid. The Convention stipulates that that a marriage can be contracted if the prerequisites provided for in the prospective spouses’ national laws are satisfied - determined separately for each of them. The Convention concerns only marriages between Polish and Ukrainian citizens and does not apply to stateless persons. The form of marriage is governed by the law of the State where the marriage was celebrated. The article discusses some issues concerning the prerequisites and scope of application of these regulations, taking into account the differences between the Polish and Ukrainian family law. These differences concern mainly the form of marriage (Ukrainian law does not provide for a religious form and does not allow the marriage by proxy) and some obstacles to marriage (in Ukrainian law the invalidity of marriage results, inter alia, if the marriage in question constitutes a sham or if there occurred a misrepresentation as to the health of a prospective spouse). The reader’s attention is also drawn to a specific ordre public exception contained in Article 58, paragraph 1 of the Ukrainian Law on Private International Law, according to which a marriage between a Ukrainian national and a foreigner concluded under foreign law outside the territory of Ukraine is valid in Ukraine provided that the Ukrainian national complies with the provisions of the Family Code of Ukraine concerning the grounds invalidating the marriage. However, this provision should not be applied if Polish law applies on the basis of the provisions of the Convention. The paper also touches upon the Ukrainian law to the extent it contains a residual regulation concerning engagement.  Under this regulation, the person who refuses to marry despite an earlier engagement must reimburse the other party for the costs incurred in connection with the preparation for the registration of the marriage and the wedding. The study also draws attention to some practical aspects of marriage conclusion - in Poland by a Ukrainian citizen (Ukrainian law does not provide for the possibility of issuing a certificate of capacity to marry) and in Ukraine by a Polish citizen.
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