Wpływ braku rejestracji małżeństwa zawartego w formie wyznaniowej na bezpieczeństwo obrotu prawnego
The impact of failure to register a religious marriage on the security of legal transactions

Summary/Abstract: The paper focuses on the issue of the impact of failing to fulfil one of the necessary conditions for entering into a religious marriage, which is the issuance of a religious marriage certificate, on the security of legal transactions. To this end, the paper analyzes the essential components of this condition, which is a proper preparation and timely delivery of documents that are the basis for issuing a marriage certificate by a civil registry office. Next, possible reactions of a civil registration body are presented in relation to a failure to fulfil any of the individual components of this condition for marriage. Then, the paper discusses specific consequences of not issuing a religious marriage certificate, presenting situations in which spouses and other persons involved in legal transactions in connection with the marriage concluded will not be able to exercise the rights (and obligations) that would arise if a civil registrar issued the marriage certificate. From a de lege ferenda perspective, it is postulated that the current regulations on concluding a religious marriage should be amended, which will make it possible to ensure the security of legal transactions and, in many cases, eliminate non-material harm and damage resulting from a failure to enter into a marriage.

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