Published: 2018-10-15

The legitimacy of the absence of the institution of absolute invalidity of marriage in Polish family law

Aleksandra Dzida
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2018.29.4.04

Abstract

The presented article deals with the comparison of the institution of annulment of marriage in secular law and the institution of the annulment of marriage in canon law.

Attention is drawn to the effects of the use of both institutions on exspouses and the impossibility of declaring marriage invalid in secular law. The aim of the article is to draw attention to the legitimacy of the current legal regulations for the annulment of marriage and the lack of necessity to introduce the institution of annulment of marriage to the order of secular law. The justification for this statement is, among others the concept of a rational legislator. In addition, it was pointed out that there was a lack of legal significance of the consequences and effects of such an amendment of the law.

This article is a demand not to introduce changes that may have a negative impact on the current legal order. Regardless of the above reservations, it also shows the need for cooperation between the secular legislator and the legislator of the Roman Catholic Church in creating a transparent law for each recipient.

Keywords:

annulment of marriage in secular law, annulment of marriage in canon law, absolute invalidity of marriage, relative invalidity of marriage, secular marriage, canon marriage, family law, canon law

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Citation rules

Dzida, A. (2018). The legitimacy of the absence of the institution of absolute invalidity of marriage in Polish family law. Ius Matrimoniale, 29(4), 57–74. https://doi.org/10.21697/im.2018.29.4.04

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