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

The Crisis regarding Marriage in the Present Day

80%

Burke R. L.

Rocznik Tomistyczny

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2018

|

vol. 7

13-34

EN

It greatly pleases me to be with you and to speak with you about marriage and its incomparable fruit: the family. It is my hope that my presence and my words will offer inspiration and strength in fulfilling our common mission of safeguarding and fostering the integrity of marriage and the family as the cradle of human life and the first school of its growth and development. I wish to address the current discussion regarding the fundamental truth of marriage in the Church, indicating the importance of the studies provided in the book, Remaining in the Truth of Christ: Marriage and Communion in the Catholic Church, written to assist the Synod of Bishops in addressing the situation of marriage and the family in our time. I will address several related questions which are the cause of serious confusion in the matter.

3

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.

4

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.

5

Giuseppe Mazzanti, Matrimoni post-tridentini. Un debattito dottrinale fra continuitá e cambiamento (secc. XVI-XVIII), Bononia Univeristy Press, Bologna 2020, ss. 235.

80%

Dzierżon G.

Ius Matrimoniale

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2022

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vol. 33

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issue 2

235-241

6

Wykazywanie w poselskim oświadczeniu o stanie majątkowym składników majątku wspólnego małżonków

80%

Galińska-Rączy I.

Zeszyty Prawnicze BAS

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2017

|

issue 4(56)

143-154

EN

Property components belonging to a joint property of spouses specified in the Family and Guardianship Code are an exemplary calculation and in the context of Deputy’s obligation to disclose financial assets, each of the components requires a separate interpretation. According to the interpretation of the Bureau of Research, a Deputy staying in a spousal property partnership should disclose income received by the spouse in pecuniary resources held on the date of filing the financial declaration. If the property is a part of the spousal property partnership, it must be indicated in the Deputy’s property declaration.

7

Małżeństwo a funkcjonowanie rodziny

80%

Rostowska T., Spryszyńska M.

Roczniki Pedagogiczne

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2014

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vol. 6(42)

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issue 3

29-51

EN

Marriage and family are social structures that although they are closely related, they are not identical. What is making them different is: specificity of the relation, the nature of power and functions, roles and tasks which socially were granted them. The study of marriage is a subject of various scientific disciplines such as law, theology, sociology and psychology. According to assumptions of the system theory the quality and character of the relation between spouses in the significant way are projecting onto the family entire system. We may say, that the marriage constitutes the important point of reference, the base, on which relations and bonds are being built between members of other family subsystems, a family system of values is being shaped and ways of communicating and solving family conflicts. Discussing the issues so much folded and diversified concerning the interrelation among the married couple and the family in one article due to limited volume frames, is impossible. Therefore, in this study are presented only some of the issues that point to the role that marriage fulfills towards other family subsystems i.e. parental subsystem or siblings subsystem. Particular attention in this article has been paid to issues such as interdisciplinary nature of research on marriage; resemblance of partners as marital selection criteria; marriage as a subsystem of the family; communication, as the base that spouses can efficiently cope with the tasks of life.

PL

Małżeństwo i rodzina to struktury społeczne, które chociaż są ze sobą ściśle powiązane, to jednak nie są tożsame. Tym, co je różni, to: specyfika relacji, charakter władzy oraz funkcje, role i zadania, jakie zostały im społecznie nadane. Problematyka małżeńska stanowi przedmiot zainteresowań wielu dyscyplin naukowych, wtym prawa, teologii, socjologii i psychologii. Zgodnie z założeniami teorii systemowej, jakość i charakter relacji między małżonkami w istotny sposób rzutuje na cały system rodzinny. Można zatem powiedzieć, że małżeństwo stanowi dla członków rodziny ważny punkt odniesienia, czyli podstawę, na której budowane są relacje i więzi między członkami innych podsystemów rodzinnych, kształtowany jest rodzinny system wartości oraz sposoby komunikowania się i rozwiązywania konfliktów rodzinnych. Omówienie bardzo złożonej i zróżnicowanej problematyki dotyczącej wzajemnych relacji między małżeństwem i rodziną w jednym artykule, z uwagi na ograniczone jego ramy objętościowe, jest niemożliwe. Dlatego też w niniejszym opracowaniu przedstawione zostały tylko wybrane kwestie, które wskazują na rolę, jaką małżeństwo pełni wobec innych podsystemów rodzinnych, tj. podsystemu rodzicielskiego czy podsystemu rodzeństwa. Szczególną uwagę w tym artykule zwrócono na takie kwestie, jak: interdyscyplinarny charakter badań nad małżeństwem; podobieństwo partnerów jako kryterium doboru małżeńskiego; małżeństwo jako podsystem rodziny; komunikacja jako podstawa sprawnego radzenia sobie małżonków z zadaniami życiowymi.

8

Opinia prawna w sprawie możliwości uznania za podatnika na gruncie przepisów Kodeksu karnego skarbowego małżonka osoby fizycznej prowadzącej działalność gospodarczą

80%

Dzwonkowski H.

Zeszyty Prawnicze BAS

|

2014

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issue 3(43)

187-194

EN

The opinion states that if, on the basis of a tax legislation, only one of the spouses is the subject of the tax law, then the other spouse cannot be regarded as a taxpayer, also under the provisions of the Fiscal Penal Code. The analysis does not rule out the possibility that the other spouse be considered the subject of the tax, if he/she is engaged in business (financial) affairs of the taxpayer – including the keeping of tax records – but excluding the activities limited to assistance in the keeping of tax records, if such activity is not associated with a specific decision‑making autonomy of the spouse in this regard.

9

The Housing Situation of Young Married Couples in Olsztyn

80%

Janusz M.

Olsztyn Economic Journal

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2016

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vol. 11

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issue 4

371-383

EN

This article presents the results of a study on the housing situation of young married couples in Olsztyn. The results were derived from a survey addressed to newlyweds, which was developed according to J. Korniłowicz (2003). The research material was collected in collaboration with the Register Office in Olsztyn. An indicator method proposed by A. Andrzejewski (1987) was applied to the processing of the data. The purpose of this study was to analyze the housing situation of young married couples. The results implicate quite a high self-evaluation of the housing situation by young married couples. The most common type of home occupied by newlyweds was their own flat (including mortgaged ones), followed by sharing a flat with the family of one of the spouses while starting the construction of one's own house. Furthermore, over 50% of the respondents considered temporary economic migration and nearly 40% declared they could feel forced to emigrate permanently due to their housing situation.

10

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.

11

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.

12

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

|

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.

13

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.

14

Przeobrażenia współczesnego małżeństwa

80%

Janicka I., Instytut Psychologii U. Ł.

Acta Universitatis Lodziensis. Folia Psychologica

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2002

|

vol. 06

EN

Transformations of a marriage concern not only its formal features that result from the subsequent developmental phases of every dyad, but are determined by its dynamics as well. The dynamic aspect of marriage functioning includes its different qualities in different phases or even situations of the partners’ common life. In each phase, five qualities of marriage may be actualised or one of them may become dominant. Every change is a potential source of a conflict, crisis, or menace. In progressive development of a marriage it is assumed that its imperfect qualities last for a short time and apparent or real satisfaction is achieved. Confronting individual needs, fancies, and expectations of partners may lead either to creative development, which results in their mutual adaptation and improving the relationship, or to deepening differences, which lowers its quality. The highest form of mutual understanding and adapting of partners in a marriage is the so called variable model. It consists in permeation of the traditional model and the partner one. Tasks for the partners are determined by a current situation to which they adapt. Depending on the situation, tasks related to housekeeping and caring for children are taken over by one partner (not necessarily a woman) or both partners become equally engaged. A relationship between a model of marriage and its quality is indicated. Respecting the traditional model or the partner one stiffly occurs to become a reason for conflicts and crises in marriage, which are repeated in subsequent phases of the dyad’s life. The variable model is submitted to the dynamics of the dyad’s life and thus it favours success in marriage. The flexibility of partners in these relationships results from their high empathy and optimal communication, the features that have been evidenced in earlier research.

15

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.

16

Przygotowanie do małżeństwa w świetle prasy młodzieżowej w Polsce w latach 2006-2010

80%

Guzewicz W., Józefowicz N.

Studia Ełckie

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2013

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vol. 15

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issue 2

161-183

EN

The article is focused on the problem of the preparation for marriage in the light of the youth press in Poland in 2006-2010. The analyses cover two Catholic magazines – Growing (“Wzrastanie”) and A Little Sunday Guest (“Maly Gosc Niedzielny”), and a liberal-leftist periodical Girl (“Dziewczyna”). The purpose of this article is to show differences in the respect of the contents of these jour-nals, and analyze what consequences can follow their reading. Often young people reach after these magazines and do not know that patterns promoted by them fall deeply into their consciousness and influence their life choices. The article tries to show such values as faithfulness, pre-marriage purity, and re-sponsibility. It discovers that texts of the Girl magazine profane these values. Catholic publications, in turn, defend human dignity and try to incline young people to think about their lives. They promote talking with parents about val-ues which should be passed to their children in order to set up properly their personality. The article also raises the problem of education by reading and watching movies. It analyzes which books and movies are recommended by these magazines as noteworthy. In its last part it discusses the meaning of social life. Both Catholic magazines recommend the participation in such associations where young people can learn more about empathy, and expand their horizons. Considering entertainment, sports, beauty, and fashion, the Girl journal presents them in the “light” way, where entertainment is treated as a way for having a good fun, though sometimes it alerts against dangers, such as drugs and suspi-cious disco places. Growing and A Little Sunday Guest, in turn, propose pretty more constructive way of spending free time, which can develop not only the body, but also the whole personality of young people.

17

Raptus puellae jako przeszkoda małżeńska w Dekrecie Gracjana

80%

Wojciechowska B.

Saeculum Christianum. Pismo Historyczne

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2016

|

vol. 1

48-53

EN

Marriage has always been a concern of the Church. Christian doctrine gave matrimonium sacred meaning and at the same time fully endorsed the concept of mutual consent which originated from Roman law. The act of abduction with its legal and ethical consequences was described in detail in the Decretum Gratiani. The punishment for the abductor was public penance and prohibition of marriage. If the fiancé was unwilling to take back the abducted bride he was allowed to marry another woman. However, if the fiancé and the bride wanted to get married afresh, they were to be both excommunicated until they had made their reparation. The Decretum Gratiani clearly indicated that the raptus puellae was an obstacle which prevented marriage. The reason was the duress of abduction, which was contrasted with free will, voluntarily consent and the approval of father, parents or guardians.

18

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

|

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.

19

Próba określenia "bonum familiae" jako elementu istotnego i autonomicznego w strukturze małżeństwa

80%

Kraiński W.

Studia Pelplińskie

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2013

|

vol. 46

135-144

EN

In the structure of marriage, as the Canon Law sees it, the bonum familiae is not an autonomous property. However, one may inquire whether its importance is on a par with the bonum coniugum and the bonum prolis. Without doubt, the bonum familiae is a compound of essential marital elements and properties. Although this notion does not apply, strictly speaking, to legal cases, it is present in the widely understood domain of the ecclesial legislation. After all, the Code of Canon Law as well as the legal proceedings of the Church authorities does have very paramount pastoral character. The contents of the term bonum familiae is related to the norms of the law which have strong moral and pastoral implications. Therefore, the notion, which the law recognises applies, and may be perceived as quasi-legal.

20

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

|

2012

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vol. 2

|

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.

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