Judicial jurisdiction over the marriage in Poland Cover Image

Sądowa jurysdykcja nad małżeństwem w Polsce
Judicial jurisdiction over the marriage in Poland

Author(s): Adam Bartczak
Subject(s): Christian Theology and Religion, Civil Law, Canon Law / Church Law, Sociology of Religion, Sociology of Law
Published by: Wyższe Seminarium Duchowne w Łodzi
Keywords: marriage; court; jurisdiction; autonomy;

Summary/Abstract: Marriage is an institution regulated by the Polish and canon law. The Polish law understands the institution of marriage differently than the canon law. In the Polish law marriage can be terminated by divorce. In the canon law marriage is indissoluble, but we can proceed the annulment process of the marriage. The Polish concordat provides for the possibility of marriage as a religious form, but does not provide for a right of termination of the marriage. It means that the civil law has jurisdiction over the civil marriage, while the canon law has jurisdiction over the canon marriage. The question of the recognition of the judgments of the diocesan tribunal in the civil forum is still open.

  • Issue Year: 23/2014
  • Issue No: 2
  • Page Range: 27-38
  • Page Count: 12
  • Language: Polish