Dissolution and Separation of Marriage and Their Effects as Envisaged by Drafts of Marriage Law in Interwar Poland Cover Image

Dissolution and Separation of Marriage and Their Effects as Envisaged by Drafts of Marriage Law in Interwar Poland
Dissolution and Separation of Marriage and Their Effects as Envisaged by Drafts of Marriage Law in Interwar Poland

Author(s): Judyta Dworas-Kulik
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: Lutostański’s draft; Lisowski’s draft; Jaglarz’s draft; marriage law; divorce; separation; codification of marriage law

Summary/Abstract: The essence of marriage was the stability of conjugal life with a view to helping each other and to give birth to and raise children. The society of interwar Poland was polarised over the nature of matrimonial law, which was why this branch of law was not never unified in the interwar period. The civil-law consequences caused by the legal mosaic of that time were still felt in the era of Polish People’s Republic. The draft of the Codification Committee, which was announced and submitted for public scrutiny in the form of questionnaires and public discussions, was criticized by the legal conservative circles. Two representatives of this community prepared their drafts of marriage law: Zygmunt Liskowski, whose draft marriage law was based on religious law and enjoyed the support of the Polish Bishops’ Council, and Father Jerzy Jaglarz, whose draft largely reproduced the legal solutions envisaged by Karol Lutostański's draft. Since the aim of this article is to present the institution of divorce and separation and their effects as proposed by the above-mentioned drafts of interwar marriage law, it relies mainly on the historical-legal and comparative methods.

  • Issue Year: 30/2020
  • Issue No: 3
  • Page Range: 31-43
  • Page Count: 13
  • Language: English
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