Przepisy kolizyjne dotyczące materialnoprawnych przesłanek zawarcia małżeństwa w okresie Polskiej Rzeczpospolitej Ludowej
Conflict-of-Law Rules Concerning the Substantive Requirements for Marriage during the Polish People's Republic
Author(s): Magdalena Wasylkowska-MichórSubject(s): Civil Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: applicable law; substantive requirements for marriage; Polish People's Republic; cross-border marriage; public policy clause
Summary/Abstract: This article analyses the conflict-of-law rules governing the substantive legal conditions for entering into marriage in the Polish People’s Republic. Author discusses the provisions of the 1926 and 1965 private international law acts, which indicated the national law of each of the nuptials as the law applicable to assessing the capacity to marry. Particular attention is paid to the public policy clause, which allowed for the exclusion of foreign law if it was contrary to the fundamental principles of the Polish People’s Republic, such as gender equality or the principle of monogamy. The article also presents the impact of numerous bilateral agreements concluded with socialist bloc countries and capitalist countries (e.g. France), which regulated the proper law in matrimonial matters. It was emphasised that despite the ideological similarities between socialist law systems, there was no complete unification in this area.
Journal: Studia nad Autorytaryzmem i Totalitaryzmem
- Issue Year: 47/2025
- Issue No: 2
- Page Range: 273-295
- Page Count: 23
- Language: Polish
