Browsing by Author "Fastyn, Arkadiusz"
Now showing 1 - 4 of 4
Results Per Page
Sort Options
Item Jurysdykcja sądu konsystorskiego w świetle przepisów prawa małżeńskiego z 1836 roku.(Wydawnictwo Poznańskie sp. z o.o., 2010) Fastyn, ArkadiuszThe paper discusses jurisdiction of the Consistory in matrimonial matters in the central part of Poland between 1919-1939, where, pursuant to the matrimonial law of 1836, jurisdiction in matters such as separation, divorce and nullification of marriage was vested in certain church courts. Decisions issued by those churches were recognised as binding and effective decisions in civil law as well. The main considerations focus of the scope of civil jurisdiction of church courts, and, in particular, their jurisdiction as demarcated by the law. Under that law, matrimonial matters were submitted to a church court that was relevant for the religious faith of the spouses in question. Where spouses were of two different denominations, proper jurisdiction for them was determined by the interdenominational matrimonial law of 1836. However, adjudications of church courts other than RC church court were not always accepted by the dominant RC church. This led to frequent disputes regarding their recognition by civil courts. The key subject of the research is the denominational aspect of the jurisdiction of a church court. The paper also includes different interpretations of the interdenominational provisions formulated by leading theoreticians of the interwar period. As can be seen, the differences of their opinions as well as incoherent jurisdiction of the Supreme Court created many doubts with regards to the enforcement of a decision in a matrimonial matter issued by a church court with improper jurisdiction. And so, in its decision of 8 November 1926 the Supreme Court adjudicated that a state court was empowered to investigate the jurisdiction of a church court which has issued a decision in a matrimonial matter. At the same time, however, it took a stance that the provisions of the state interdenominational law should be absolutely binding. And yet, in some other cases it tended to marginalise the state law and allowed to base civil jurisdiction of a RC court entirely on canon law. These examples illustrate a tendency of the Supreme Court to favour broad construction of the principle laid down in Article 114 of the Constitution that the Roman Catholic Church in Poland should be governed by its own laws.Item Problem powstania i charakteru prawa małżeńskiego z 1836 roku.(Wydawnictwo Nauka i Innowacje sp. z o.o., 2012) Fastyn, ArkadiuszItem Spór pomiędzy Sądem Najwyższym a Najwyższym Trybunałem Administracyjnym w przedmiocie wykładni art. 126 Konstytucji marcowej w świetle polityki wyznaniowej Drugiej Rzeczypospolitej.(Wydawnictwo Poznańskie sp. z o.o., 2011) Fastyn, ArkadiuszThe decision about of the political system to be implemented in Poland after it regained independence in 1918 was largely determined by the existing legal systems of the states that had earlier occupied Poland’s territories. The task before the Polish legislators was therefore to evaluate the existing laws and to decide how they were finally to be eflected in the March Constitution, of which Article 126 was of capital importance. That article provided, among other things, for reconciliation, before the first anniversary of the adoption of the Constitution, of the laws that were binding in the occupant states with the new legislation provided by the Constitution,. The Supreme Court and the Highest Administrative Court had different opinions as to the model according to which the harmonisation of the two was to be done. The Supreme Court’s stance was that the provisions of the Constitution had a direct influence on the binding legal order and therefore the regulations that were contradictory to or incompatible with its provisions were automatically ineffective. Thus the Constitution itself was to play the harmonising role in the whole process. The Highest Administrative Court, on the other hand, claimed that the discrepancies, if any. were to be resolved by relevant legislation that needed to be adopted. The model proposed by the Supreme Court prevailed. The conflict between the existing laws inherited from the occupant states and those included in the March Constitution was particularly acute in the sphere of religious policy and its regulations. The analysis of the judicial decisions arrived at pursuant to Article 126 shows that its provisions were construed in a manner that served the current political interests of the Polish state. Certain solutions of the former legal system regarding the state’s policy towards religion turned out to be very useful and in line with Poland’s policy once it had regained independence. They allowed the completion of goals that were concurrent with the policy of the former occupant states. Thus, paradoxically, once independent, the Polish state benefited from them. They served the Polish interests and were therefore frequently relied on, leading to the actual suspension of some of the principles of the March Constitution.Item Zawarcie małżeństwa mieszanego wyznaniowo według prawa małżeńskiego z 1836 roku(Wydawnictwo Nauka i Innowacje sp. z o.o., 2013) Fastyn, Arkadiusz