Search results - CEJSH

1

Jak ważnie zawrzeć małżeństwo?

100%

Szewczyk R.

Studia Ełckie

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2011

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vol. 13

369-387

EN

Throughout the ages the Church has taken care of marriage peculiarly. Its concern has taken many forms where the legal one was the most evident. Therefore there is a system of conjugal law which is subordinated to the aim of the Church. It concludes in a principle that there can not be any valid conjugal contract which is not a sacrament in the same time. The article presents the conditions which have to be met to celebrate marriage validly.

2

Manželství a nesezdané soužití po padesátce

80%

Hamplová D.

Naše společnost (Our Society)

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2012

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vol. 10

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issue 1

3-8

EN

The paper focuses on the union formation in later life using SHARELIFE data from 13 European countries. First, it shows that proportion of single individuals aged 50-69 and the proportion of those who (re)partner vary significantly across European countries. The highest levels of (re)partnering were observed in Scandinavia and the lowest in Southern and Central Europe. Second, it shows that women are much less likely to enter a new coresidential union than men in all studied countries but the relative difference between men and women vary. The smallest difference was observed in Scandinavia and the Czech Republic, the largest in Southern Europe, Austria, and Switzerland. Third, repartnered individuals tend to be younger, more educated, and more likely divorced than widowed comparing to those who stay single.

3

Małżeństwo i rodzina w opinii starszych kobiet doświadczających przemocy. Na podstawie analizy akt sądowych w województwie podlaskim

80%

Halicka M., Halicki J., Kramkowska E., Szafranek A.

Pogranicze. Studia Społeczne

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2016

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vol. 28

EN

Marriage and family are very important values in the life of every human being. They play an important role in shaping the personality of its members, since the family is not without reason called as the basic unit of society. The institution of marriage and family is also a place to experience different emotions. We expect from family members interest, support and help when necessary. Sometimes, however, people who are so close to us cause pain, inflict pain, contribute to our crying or sadness. An example of the second type of situation is domestic violence. It is much more painful experience because is experienced from those who are the microcosm, are the closest to each other. In the present text we present the specifics of the problem of violence sustained by older people from the side of a spouse / partner. On the basis of the elderly women’s statements – the victims – the feelings that accompany them in connection with the experienced violence was showed. Article also brings an answer to the question whether the disclosure of one experiences grievances to the authorities, affects the stability of the institutions of marriage and the family.

4

Obrót nieruchomościami z udziałem małżonków

80%

Kremer E.

Studia Iuridica Agraria

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2011

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vol. 9

157-171

EN

This paper concerns the problem of the real estate transactions in which spouses are involved. Therefore, in the first place the laws that govern marital property systems are examined in order to investigate how the fact of marriage and the choice of a given marital property system influences the legal situation of spouses. The analysis leads to a conclusion that the legal situation of spouses is determined not so much by the very fact of marriage as by the marital property system that is binding in a given case. Spouses may structure their property relationship in such a way that they retain full independence in taking legal actions concerning the disposal, charging, or acquisition of real estates. However, at the same time there appear special legal regulations that refer to various public law issues, e.g. diverse forms of support within the Common Agricultural Policy. In these regulations the legal situation of spouses is created in a different way, because the very fact of being married becomes a decisive factor, regardless of the marital property system adopted by the spouses.

5

Prawne konsekwencje rozwodu w Kodeksie z Gortyny

80%

Szymańska A.

Prawo

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2015

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issue 319

35 - 48

EN

The form of matrimonial property regime enshrined in the Code is the regime of separate property. The code frequently mentions separation of property of the husband and the wife, providing detailed rules of inheritance. Goods belonging to a woman passed to her heirs after her death. The property was divided also in the case of divorce. The article deals with divorce and the legal consequences of the dissolution of marriage as defined in the Gortyn Code. The author examines the issue of divorce initiative, blame for the break-up of marriage, rules of property distribution and penalties for the seizure of the husband’s goods by the wife. In addition, the author discusses the situation of children after their parents’ divorce.

6

Dlaczego mężczyzna się żeni, a kobieta wychodzi za mąż? (zarys ewolucji pola semantycznego leksemu małżeństwo w języku polskim)

80%

Siatkowska E.

Studia z Filologii Polskiej i Słowiańskiej

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2013

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vol. 48

EN

The evolution of semantic field of marriageBased on historical and linguistic material, the article presents the evolution of marriage as institution in Poland from the pagan age until the present day, focusing above all on the function of gender roles ascribed to man and woman in this context. A recent rapid increase in changes can be observed in the Polish language. Some elements of vocabulary semantically associated with marriage have fallen into oblivion; some have been preserved as so-called “historical archaisms”, i.e. words commonly known yet not used; others have changed their meaning or emotional tone (sometimes both). Words of unaltered meaning (alterations in the form were left unexamined as they are not significant for the problems discussed in the article) are relatively few. A study of their environmental and generational frequency both in the past and at present should be conducted, impossible to be included in the article. The article is limited to the presentation of facts, leaving the assessment thereof to the readers.

7

Family in the Life and Works of Saint Teresa Benedicta of the Cross (Edith Stein)

80%

Zyzak W.

The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II

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2017

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vol. 7

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issue 1

EN

In modern times as never before, marriage and family are in danger. The contemporary problems were already present in many aspects in the times of Edith Stein. The author of the article studies the life and the works of the Saint with regard to marriage and family. For Edith Stein, marriage is an inseparable union of a man and woman, which, thanks to the sacramental grace, is filled with special strength to maintain reciprocal love and fidelity and also to cooperate with God in giving life and educating children. In Edith Stein’s opinion, both the husband and the wife in the family have rights and duties connected with being God’s image, bearing and bringing up children and transforming the world by their work. Edith, however, noted the difference between sexes and the way in which the tasks were realised according to the nature and the different callings. The Saint saw the necessity of complementarity of sexes and generations in a harmonious family. Such a vision of marriage and family is still applicable in our times.

8

Contracting Marriage by Persons with Intellectual and Mental Disabilities according to Polish Law and the Convention on the Rights of Persons with Disabilities

80%

Domański M.

Studia Prawnicze

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2013

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issue 2 (194)

47-62

EN

According to Polish legal system it is not possible for persons affected by "mental illness" or "mental retardation" to marry (article 12 Family and Guardianship Code). As an exception to this rule, the Court may authorize the conclusion of such marriage, if the person’s condition does not put "marriage" or "the future health of the offspring" in hazard. This adjustment was justified by the traditional understanding of the principle of the protection of marriage and family, concern about the lack of "capability" of the patient to meet one's marriage commitments, the recognition of lack of parental competences in people with mental disabilities and mental illness, and the danger of "transferring" the illness to the children of parents. Acts of international law provide for a different design, accenting the right to marry and to found a family (article 12 European Convention on Human Rights). For people with disabilities, article 23 of the Convention on the Rights of Persons With Disabilities which guarantees the right to marry and to found a family of all persons with disabilities, including mental and intellectual, is of particular importance. The conventional solutions analysis leads to the conclusion that not only the current article 12 Family and Guardianship Code is contrary to the Convention but to establish similar restrictions based on the health status of the betrothed could be regarded as discriminatory and contrary to the Convention. It should be noted that the progressive interpretation of the Convention on the Rights of Persons with Disabilities can lead to conflicts between solutions of the act of international law and the national rules of family law which are based on the traditionally understood principles of the protection of the family and child welfare. It is therefore necessary to find solutions and develop compromise in the process of adaptation of Polish law to the requirements of conventional solutions.

9

El recto entendimiento del consentimiento matrimonial según Juan Pablo II

80%

Tejero E.

The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II

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2012

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vol. 2

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issue 1

PL

Pope John Paul II in his teaching on marriage had not limited the issue only to the principle that matrimonial consent makes marriage, but he put a real challenge in front of the canonists stating that the proper understanding of the consent may not be reduced to a certain historical patterns, but must be developed on the basis of anthropological and legal sciences. The article discusses four issues. Firstly, the author engages in the issue of impoverishment of ius in corpus as an essential element of the contract of marriage. Then, she sketches the view of the Second Vatican Council on matrimonial consent as a mutual gift of one person to another. Subsequently, the author deals with the influence of personalism on the legal dimension of marriage. Finally, she presents the personalistic criteria in the Magisterium of John Paul II and its immediate legal dimension.

10

Rozwód w prawie rosyjskim

80%

Lutkiewicz-Rucińska A.

Kwartalnik Prawa Prywatnego

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2018

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vol. 27

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issue 1

41-75

EN

The paper presents the institution of divorce in Russian law. Under the Family Code of the Russian Federation of 1995 there are two types of divorce proceedings: an administrative proceeding at registry offices and a court proceeding. The administrative proceeding is applicable upon the application of both spouses mutually agreed to a divorce who have no common minor children. In the cases provided for by the statute the administrative proceeding is also applicable upon the application of one of the spouses, in particular when the other spouse is recognized by the court as missing. The court proceeding is applicable in two main cases: upon the application of both spouses mutually agreed to a divorce who have common minor children and upon the application of one of the spouses when the other spouse does not consent to divorce. A characteristic feature of the regulation of the divorce in Russian law is that neither the public official at the registry office in an administrative procedure nor the court in a judicial procedure is authorized by law to dismiss the application for divorce filed by the spouses mutually agreed to a divorce or by the spouse entitled by the statute. The legislator in the Family Code provides some measures aimed at preventing dissolution of marriage but finally the decision to break marital relationship or to preserve it belongs only to each of the spouses.

11

Przyczynek do dyskusji nad powodami rozpadu małżeństwa. Uwagi z pozycji sędziego

80%

Malinowska-Krutul K.

Zagadnienia społeczne

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2019

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vol. 1

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issue 11

177-191

EN

The following study is devoted to some aspects of marriage breakdown. The publica-tion presents the premises for a divorce decision against the background of current legal reg-ulations. In the context of the author’s reflections on the practice of issuing rulings, the rea-sons which most often lead to a divorce have been indicated.

PL

Opracowanie jest poświęcone problematyce rozpadu małżeństwa. Publikacja prezentuje przesłanki umożliwiające orzeczenie rozwodu na tle aktualnych regulacji prawnych. W ramach refleksji nad własną praktyką orzeczniczą wskazano przyczyny, które najczęściej prowadzą do rozwodu.

12

ANNULMENT OF MARRIAGE IN POLISH LAW AND DECLARATION OF NULLITY OF MARRIAGE IN CANON LAW – A COMPARATIVE STUDY

80%

Bzdyrak G.

Review of European and Comparative Law

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2016

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vol. 2627

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issue 34

65-87

EN

Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when marriage is contracted, despite the existence of impediments to marriage, the ecclesiastical tribunal, after completing the relevant proceedings, declares its nullity whereby this judgment is of a declarative nature. In the case of annulment of marriage, the legislator provided for some restriction as to the persons authorized to file a claim, and it also listed the situations in which, even though marriage was contracted in breach of law, its annulment is not possible. Therefore, convalidation by force of law is permissible. Such validation and such restrictions have not been provided by the ecclesiastical legislator, although the convalidation of marriage is possible as long as the matrimonial consent continues and some additional conditions have been satisfied. The judgment regarding the annulment of marriage is constitutive, although the effects of annulment have retroactive effects, whereby the legislator stated that for certain relationships, the rules of divorce shall be applicable. Both in the state and canonical orders, there are three groups of reasons that are the basis for annulment and declaration of nullity of marriage. These are impediments to marriage, defects to the declarations of intention of the spousesand defects to the mandate to contract marriage. The individual reasons have been briefly discussed to present the differences in their understanding under canon law and state law.

13

Małżeństwo drogą doskonalenia chrześcijańskiego na podstawie epistolografii św. Paulina z Noli

80%

Pałucki J.

Vox Patrum

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2012

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vol. 57

469-481

EN

According to Paulinus of Nola proper Christian formation is only possible in a community. Of course, he accepted its various forms, from family life, through monasticism to the hermit, but in this case, always remaining in the contact with other hermits. No doubt the example of Paulinus and Theresia had a great impact on the decisions of many aristocratic families who wanted to go in their footsteps. Their determined attitude and brave opposition to the overall criticism from the „world”, added the courage to those who were thinking alike, but so-called „political correctness”, or rather „class correctness”, holding them back. In time, however, the new way of life of spouses-monks was approved and many people began to visit the hermitage in Cimitile, and their way of life has become not only the subject of numerous discussions, but also the spiritual impulse to change many hearts. Therefore, one can talk about their innovative launch of the new forms of Christian perfecting. It would have to serve also to the reform of the Church, which increasingly in the fourth and fifth century began to lose its freshness of evangelical witness and began to undergo a dangerous tendency of overgrowth of administrative structures over her spiritual ministry. Paulin has set a specific program of Christian perfecting, which he lived with his wife Theresia and to which he encouraged his friends. Paulin's correspondence and his view of Christian perfecting through marriage should be read in the appropriate key of his specific ecclesiology, very personal, spiritual and mystical, as it was shown in the above article.

14

Pasterska troska o małżonków w pismach Grzegorza z Nazjanzu

80%

Zagórski D.

Vox Patrum

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2008

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vol. 52

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issue 2

1281-1290

IT

Nel presente articolo vengono esaminati degli appelli di Gregorio di Nazianzo indirizzati verso i coniugi - i mariti (i padri) e le mogli (le madri). L’analisi del contenuto di ąuesti richiami rivelano i reali probierni presenti nella vita degli spo-si. Mostrano anche i metodi (che emergono appunto dalie parole del vescovo) di superare gli ostacoli e le difficolta.

15

Świętość i sakramentalność małżeństwa w myśli Jana Chryzostoma

80%

Wysocki M.

Vox Patrum

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2009

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vol. 53

145-157

EN

John Chrysostom, bishop of Constantinople, in his works as one of the first Church Fathers, spoke a lot about marriage. First of all, Christian matrimony, according to his teaching, was the unity of the bodies from whom the communion of two person – man and woman – follows. The unity and uniqueness were the essential features of the matrimony. Only true love, which comes from God, can build true unity of husband and wife. That’s why Chrysostom calls matrimony „sacrament (mysterion) of love”. Greek word „mysterion” has in John Chrystosom’s works two meanings: mystery of marriage and mysterious activity of God. Because Holy God is the creator of matrimony it can be called holy and sacred.

16

Apistia nie rozrywa małżeństwa. Jan Chryzostom o małżonku (-nce) spoza chrześcijańskiej politei

80%

Iluk J.

Vox Patrum

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2009

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vol. 53

175-189

EN

Apart from a few treatises on the life of women in an extra-marital state and some short speeches about the dignity of Christian women, John Chrysostom did not engage in longer discourses about marriage. Chrysostom expressed himself most broadly on this subject in his commentary to „The First Letter to the Corinthians”. This and over a dozen other utterances by Chrysostom which I found in his writings allow us to suppose that his assessment of the value of the union between a believer and a non-believer is dictated by the realism of the epoch and not by pure dogma. Such a tone of teaching resonates with the moods of the Antioch community, which seethed with the luxuriant life of the most varied religious communities. Here, a non-believer was a partner also in marriage, hence the use of the „Pauline privilege” in order to remove such a one from a marriage would expose Christians to the accusation of a lack of tolerance at the very least. Knowing his community very well, John Chrysostom brings to the foreground the principle that a non-believer in a married couple is a problem between the non-believer and the Lord. Civil law does not make an impediment of this (such was the Roman tradition) and Canon law (the synods of the 4th century) should not make such impediments either. „Your partner’s relations with the Lord”, Chrysostom continually reminds us, „should not decide about the continuation or the dissolution of the marital union”. The „defence” of a spouse from outside the Christian politeia is also an opportunity to obtain new members of this community.

17

Ceremonie zawarcia małżeństwa w relacji św. Jana Chryzostoma

80%

Ożóg M.

Vox Patrum

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2009

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vol. 53

159-173

EN

Dans cet article à partir des documents de Jean Chrysostome, on expose des étapes particuliers qui convienent avec la cérémonie du marriage. En analysant des divertissement décrits par Jean Chrysostome, on peut classer cette solennité en quelques étapes: 1. Le premier d’eux se commencaient le matin. Alors, à la maison de la jeune mariée la fiancée était rendue à son future mari. Cette tradition s’apellait exdosis; 2. Ensiute, c’était le repas de noce très fasteux qui se passait; 3. Le soir, le convoi de noce se réunissait et il guidait le jeune couple à la maison du nouveau marié. La fête pompeuse se finissait à la maisson du mari, décorée des guirlandes. Le mari prenait sa femme et il la menait à son lit. De ce moment-là, les jeunes mariés se commancaient leur vie commune et ils devaient oublier tous leurs patenaires précédents.

18

Nierozerwalność małżeństwa w myśli Jana Chryzostoma

80%

Zagórski D.

Vox Patrum

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2009

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vol. 53

123-133

EN

The inseparability of marriage in the thoughts of St. John Chrysostom has its base on the fundament of that which is the unification of the spouses, very strong and undisputable, which is a result of the creation act of God and of His establishing. That unity finds its justification also in the mystical unification of Christ and the Church, which even more so points to the lastingness of the communion of the lives of two people joined together by the ties of marriage. The Antiochian, in accordance with the teachings of the Holy Scriptures is aware though of the dangers which are threatening that unity and seeking to undermine the inseparability of the union. They are the sins of lust and the disordered longings which lead to the evil of adultery, and therefore the sin of marital infidelity. This thesis on the inseparability of marriage is confirmed by Christ Himself, who in his teaching shows the agreement, of the initially seemingly to be in disagreement, teachings of the Old and New Law. The meaning of the Christological authority in this argument directed towards Christians was surely meant to strengthen in the faithful the responsibility for the communion of two persons and the care of all – not only spouses – for its inseparability. The words of the Savior also were to accent the actuality of this subject and its timeless meaning.

19

Separate regulations on defects in a declaration of intent to enter into marriage, as distinct from general provisions of the Polish Civil Code

80%

Balwicka-Szczyrba M.

Acta Iuris Stetinensis

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2019

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issue 27_ENG

7-22

EN

The aim of this paper is to present regulations on defects in a declaration of intent to enter into marriage and compare them with regulations set out in Articles 82-88 PCC with respect to the scope of the individual defects in a declaration of intent and the ways in which the resulting inconsistencies can be justified. The paper uses a method of research based on legal doctrine, involving an analysis of legal provisions, especially those set out in the Polish Family and Guardianship Code, the Polish Civil Code, case law and the literature. Methods based on comparative law and the history of law are used as a secondary measure. The research has shown that a limitation of the catalogue of defects in a declaration of intent as set out in Article 15¹ PFGC and the definition of the scope of the individual defects is justified by the nature of marriage as a lasting relationship. The inconsistencies between these regulations are therefore a deliberate step to implement the principle of permanence of marriage. However, the opinion expressed in this paper is that some of the defects in a declaration of intent to enter into marriage are regulated too narrowly, which is why the debate over amendments to Article 15¹ § 1 PFGC is well worth continuing. Especially relevant here is the de lege ferenda postulate to extend the scope of a defect in a declaration of intent set out in Article 15¹ § 1(1) PFGC

20

Postawy wobec małżeństwa – konstrukcja i empiryczna weryfikacja narzędzia badawczego

80%

Chrobot N., Oleszkiewicz A.

Kultura i Edukacja

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2015

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issue 1(107)

173-194

EN

Attitude to Marriage as a Relationship Formalization Questionnaire was designed to study the dynamically changing forms of modern family. Article presents the most important demographical and social trends concerning marriage in Poland, which justify the need to create standardized tool for studies on attitude of young people towards marriage. Final version of the questionnaire consists of 42 statements, which comprise three scales of attitude toward marriage as: sense of happiness and belonging; relationship formalization and sense of safety; a result of actions resulting from internalized social and religious norms. Questionnaire has high psychometric values and can be used in studies of people aged 16-30. It can be applied in psychological, demographical, sociological or economic research.

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