REGULACJA INSTYTUCJI MAŁŻEŃSTWA W PRAWIE KANONICZNYM I ŚWIECKIM
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Date
2008
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Wydział Prawa i Administracji UAM
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MARRIAGE REGULATIONS IN CANON AND CIVIL LAW
Abstract
The purpose o f this paper is to present the difference between the meaning of the term “marriage”
in the civil and canon law and to examine the relation between those two systems of law. It should be
conceded that the current regulation of marriage in civil law is consistent with the rule of autonomy
and independence o f the Roman Catholic Church and the state as laid down in article 1 of the
Concordat. The jurisdiction divisibility rule of civil law courts and church courts laid down in art. 10
§ 3Ł 4 o f the Concordat makes reciprocal recognition of judgments rendered by those courts
impossible. However, it is not completely clear i f the civil law courts could render judicial assistance to
church courts or i f the agreement negotiated in the church court could be recognized and upheld by
a civil law court. Both those questions remain open. The fact that the institution o f legal separation
has been recently established in the Polish civil law system should be regarded as a positive
development. A question remains, though, whether the existing provisions of the binding family law
do not contain, by any chance, solutions that might be found inconsistent with the binding principle in
Polish law of marriage durability.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 2, s. 47-63