Published: 2022-03-31

“Aware of the Rights and Obligations Resulting from a Marriage Contract, I know that I do not have to Respect them”: Consequences of Judgment IV CNP 31/17 Handed down by the Polish Supreme Court on December 11, 2018

Małgorzata Łączkowska-Porawska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.1.05

Abstract

This article concerns a judgment in which the Polish Supreme Court ruled that a married woman’s long-term cohabitation with another man who fathered her four children, which was kept secret from her husband, did not infringe the personal rights of the cuckolded husband. The case presented by the Polish Ombudsman and approved by the Supreme Court may be considered not arguable and may lead to serious consequences regarding the implementation of rights and obligations resulting from the institution of marriage. Moreover, the refusal of compensation to the husband for the harm he had suffered from his wife and her lover, who turned his family life into a lie, since the husband was not the real father of the children he had been maintaining and raising for several years, should also be considered contrary to the constitutional principle of protection of marriage (Art. 18 of the Constitution of the Republic of Poland) and to the right to protection of family and private life provided for in Art. 47 of the Polish Constitution and Art. 8 of the European Convention on Human Rights and Fundamental Freedoms.

Keywords:

marriage; infdelity; dignity; family life; private life; personal rights.

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Citation rules

Łączkowska-Porawska, M. (2022). “Aware of the Rights and Obligations Resulting from a Marriage Contract, I know that I do not have to Respect them”: Consequences of Judgment IV CNP 31/17 Handed down by the Polish Supreme Court on December 11, 2018. Zeszyty Prawnicze, 22(1), 87–119. https://doi.org/10.21697/zp.2022.22.1.05

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