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

Attitudes of university students towards institution of a marriage

80%

Ivkov Dzigurski A., Đukičin Vučković S., Stajić S., Sekulić M., Ivanović Bibić L., Milanković Jovanov J., Dragin A.

Family Forum

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2022

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vol. 12

15-30

EN

Until recently, marriage was the only socially acceptable community of two partners of different gender, with the goal of creating a family and prolonging the human race. The aim of this paper is to examine the attitudes of University students towards marriage and family. The research was based on the survey regarding the attitudes of students from the University of Novi Sad, Serbia towards institution of marriage. Collected data were analysed by using the SPSS statistical software. The main results indicate that 93.8% of respondents want to get married one day; an ideal number of children for a family to have been two (48.4%); 54.6% of respondents strongly agreed that if being in a marriage does not work properly, they should divorce. The results of these analyses and their limitations suggest guiding a future research according to different attitudes of respondents. This research provides the most ambitious and systematic analysis to date the attitudinal evidence on the attitudes of family, future children, and divorce among University students.

3

Podjęcie inicjatywy ustawodawczej w zakresie ujednolicenia definicji osoby bliskiej

80%

Dubowski R.

Zeszyty Prawnicze BAS

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2022

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issue 3(75)

142-153

EN

The assessed petition calls for the harmonisation of the definition of a close relative in various statutes. According to the petitioner, this would prevent serious legal problems. The purpose of harmonising the definition of a close relative in this way would be to include persons who are „in fact” close to each other and to enable them to exercise certain rights. According to the author of the opinion, granting the petition would require systemic changes and complex conceptual work.

4

Ocena zgodności z Konstytucją RP poselskiego projektu ustawy o równości małżeńskiej

80%

Dubowski R.

Zeszyty Prawnicze BAS

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2021

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issue 1(69)

83-90

EN

The bill provides for the introduction of regulations allowing same-sex marriages. In the author’s opinion, it is inconsistent with the provision of the Polish Constitution, in which the legislator decided that marriage is a relationship between a woman and a man. The presented interpretation of Article 18 of the Constitution is confirmed, inter alia, by the course of the work of the Constitutional Committee of the National Assembly, which shows that the intention of the legislator was to exclude the admissibility of introducing a regulation providing for the possibility of marriage by persons of the same sex.

5

Ocena zgodności z prawem międzynarodowym poselskiego projektu ustawy o równości małżeńskiej

80%

Łacny J.

Zeszyty Prawnicze BAS

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2020

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issue 4(68)

105-109

EN

The Deputies’ Bill on Marital Equality provides for the possibility of marriage between two people regardless of their sex. It introduces the possibility of adopting children by a single-sex couple. It does not regulate matrimonial property relationships. The opinion presents the jurisprudence of the ECtHR and international regulations which indicate that they do not contain a clear and commonly accepted definition of marriage. As a result, it cannot be claimed that the parliamentary draft law breaches, international law.

6

Projekt stanowiska Sejmu w sprawie o sygn. akt K 13/15

80%

Brzozowski W.

Zeszyty Prawnicze BAS

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2015

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issue 4(48)

288-308

EN

In the proposed draft position the author states that the Sejm does not share the belief of the Commissioner for Citizens’ Rights that the provisions of Article 12 § 1 and § 2 of the Family and Guardianship Code violate the Constitution in that they lead to humiliation and a justified sense of grievance of people affected by their operation. It has been shown that in this case the law is not a source of harm to the individual, on the contrary – the adopted regulations are aimed at protecting constitutional values, with maximum respect for the rights and dignity of persons with disabilities. In the opinion of the author of the draft position, it cannot be found that the arguments of the Commissioner for Citizens’ Rights – referring generally to social degradation of people affected by mental disabilities, without taking into account the details of construct of marriage ban – meets the high standards required by the Constitutional Tribunal. According to the author, from the considerations contained in the draft position it follows that the above-mentioned provision of the Code is compatible with Article 30 of the Constitution.

7

Kościół Katolicki wobec rozwodu cywilnego

80%

Sokołowski J.

Studia Ełckie

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2013

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vol. 15

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issue 4

515-536

EN

In the stream of recent years one can notice that divorces granted by the civil court in Poland constantly grow in number. The author observes that each di-vorce suit results from the tragedy of a matrimonial life, though not always from the fault of a spouse. He dedicates his considerations (1) to show how the Catholic Church defends the indissolubility of marriage, (2) to discuss the prob-lem of these divorced Catholics whose sacramental marriage has not been de-clared invalid by the Church court, (3) to analyze the legal and pastoral situation of these spouses who left their sacramental marriages for living in non-sacramental ones.

8

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.

9

Stabilita koresidenčních partnerství po narození prvního dítěte: zesílil po roce 1989 "ochranný efekt manželství"?

80%

Trávníčková M., Kreidl M.

Sociologický časopis. Czech Sociological Review

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2023

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vol. 59

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issue 1

3-30

EN

This article investigates the stability of co-residential partnerships after first birth in the Czech Republic. It explores the ‘marriage premium’, which refers to the advantage that children born to married parents have in comparison to other parental arrangements, and also highlights change in the ‘marriage premium’ after 1989. The analysis also examines the effect of marriage timing: Does the marriage premium differ between pre-birth and post-birth marriages? Did the effect of timing also change after 1989? The analysis is based on Czech GGS (Generations and Gender Survey) data from 2005. Direct marriages are the most stable unions, cohabitations are the least stable. Among couples who were not married, the odds of dissolution increased by 142 per cent (in comparison to marriages without pre-marital cohabitation). This ‘marriage premium’ increased after 1989. Marriage timing has come to play an increasingly important role. In the pre-1989 marriage cohort, pre-birth and post-birth marriage had the same stabilising effect. After 1989, however, pre-delivery wedding stabilises unions more than post-delivery legitimising marriages. We conclude that the era of highly individualised partnership choices has clearly shone a light on the consequences of these choices for subsequent union stability.

10

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.

11

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.

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

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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.

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

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.

15

Raptus puellae jako przeszkoda małżeńska w Dekrecie Gracjana

80%

Wojciechowska B.

Saeculum Christianum. Pismo Historyczne

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2016

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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.

16

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

80%

Kraiński W.

Studia Pelplińskie

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2013

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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.

17

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.

18

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.

19

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

20

Wykazywanie w poselskim oświadczeniu o stanie majątkowym składników majątku wspólnego małżonków

80%

Galińska-Rączy I.

Zeszyty Prawnicze BAS

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2017

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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.

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