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Kanoniczne przeszkody małżeńskie – zarys problematyki

100%
Góralski W.
Ius Matrimoniale
|
2015
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vol. 26
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issue 4
29-52
EN
One of fundamental human rights, based on natural law and guaranteed by can. 219 of the current CIC, is the right to choose a state in life freely. However, at the same time the church legislator states that all persons who are not prohibited by law can contract marriage (can. 1058). The restriction on the right to contract marriage may come from God’s law (natural and positive), as well as from the decision of the church legislator. One of factors limiting ius connubii are impediments to marriage, namely circumstances related to particular persons which make them unfit to contract valid marriage. Following an analysis of the definition of an impediment to marriage, the author presents a historical outline of the development of impediments, quotes the catalogue of impediments that are currently applicable, presents the legal character and function of impediments and describes their types (according to various criteria). Finally, the author presents issues regulatedin chapters II and III of De matrimonio.
2
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Przeszkody małżeńskie w świetle Kodeksu Prawa Kanonicznego oraz Kodeksu rodzinnego i opiekuńczego

100%
Maj Z.
Ius Matrimoniale
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2017
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vol. 28
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issue 3
35-60
EN
There is no doubt that many marital impediments indicated in Code of Canon Law have not been regulated in The Family and Guardianship Code, because they result from Divine Law and from the nature of the Catholic Church. However, a part of the marital prohibitions is the same in both of these legal systems. These are most often impediments arising from natural law, to which every human is subject, regardless of national or religious affiliation. The range of marital impediments is significantly broader in Canon Law than in secular law. However, five impediments are identical in both law orders: the impediment of age, bond of marriage, consanguinity, affinity and legal consanguinity. The secular legislature implemented two marital impediments, which have not been regulated in church marital law in matters of marital impediment, but which relate to contractual defects. They are: total deprivation of liberty and the impediment of mental disorder or mental underdevelopment. Impediments existing only in canon law (impotence, difference of religion, ordination, vow, abduction, misdemeanour and public honesty) were implemented on the grounds of particular concern of the Church about marriage and the family. Obviously, due to the different nature and aim of national law, the implication of them to Polish law was not possible.
3
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Cel i funkcja rękojmi w kanonicznym prawie małżeńskim

80%
Bartczak A.
Acta Universitatis Lodziensis. Folia Iuridica
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2017
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vol. 80
5-17
EN
Warranty is an institution functioning in the canonical matrimonial law. In this matrimonial law warranty took a characteristic meaning. Its mission is to protect an institution of the marriage. In the article there is an analysis of warranty with respect to the purpose and function to be played in the matrimonial law. Both the purpose and the function cannot be reduced to a single issue. The variety of references makes this institution very important, especially in a view of the multi-religious society.
PL
Rękojmia jest instytucją funkcjonującą w kanonicznym prawie małżeńskim. W nim nabrała charakterystycznego znaczenia. Bez wątpienia wpisuje się ona w te instytucje, których celem jest ochrona małżeństwa. W artykule została przeprowadzona analiza rękojmi pod kątem celu i funkcji, jakie ma spełniać w prawie małżeńskim. Zarówno cel, jak i funkcja nie sprowadza się do jednego zagadnienia. Różnorodność odniesień czyni rękojmię niezwykle ważną, zwłaszcza w perspektywie społeczeństwa wieloreligijnego.
4
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Nieważność małżeństwa z tytułu przeszkody węzła małżeńskiego. Analiza przypadku w oparciu o deklarację Sygnatury Apostolskiej z 18 czerwca 1987 r.

70%
Nowicka U.
Ius Matrimoniale
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2014
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vol. 25
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issue 3
5-17
EN
According to can. 1085 § 1 Code of Canon Law “A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage”. Establish the existence of impediment to the marriage bond, however, requires knowledge of not only the doctrine, but appropriate rules proceedings. The presented study is an analysis of impediment to the marriage bond, made on the basis of the case file for nullity of marriage, which was considered one of the ecclesiastical tribunals in Poland. The foundation of the considerations is the declaration of the Apostolic Signatura dated June 18, 1987, where was defined the manner of proceeding reported in declaring the nullity of marriages successively entered. It is a response to the complaints received this Supreme Tribunal concerning the inappropriate manner of proceeding in the case of declaring the nullity of many marriages which have been successively entered into by the same person.
5

Przestępstwa przeciwko rodzinie w Kodeksie Kar Głównych i Poprawczych z 1847 r.

57%
Markiewicz J.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
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2006
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vol. 2
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issue 1 Prawo
91-114
EN
The study comprises an introduction, main body, and a conclusion. In the introductory part presented is the issue of Code of Chief and Correctional Penalties introduced in Autonomous Polish Kingdom by the decree of 1 January, 1847, in place of the current Polish Penal Law of 1818. The author discusses the principles underlying the nature of crime, punishment, responsibility, and a system of penalties which is to act as a deterrent. The article presents the state of research, sources and literature of the subject, as well as the aim of the study. The article comprises three parts. They deal with offences against life, matrimony and parental authority, caretaker's authority, and legal guardianship. The discussed offences against life include: patricide, killing of a family member, killing of a pregnant woman, infanticide, abortion, abandonment of a child, and suicide. The part that deals with offences against matrimony contains three spheres of offences and misdemeanours, often closely linked with the civil norms of marital law: punishable violation of essential conditions of entering into marriage, punishable violation of legal impediments to marriage, criminal responsibility of parents, guardians and priests for the violation of legal impediments to marriage, and the abuse of marital rights and obligations, as well as sexual offences against family. The last part of the article deals with offences against parental authority, caretaker's authority and guardianship, listing different types of authority abuse, offences committed by children against their parents, and abuse of authority by caretakers and guardians. The conclusion contains a succinct appraisal and an analysis of the issues in focus.
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