Separate regulations on defects in a declaration of intent to enter into marriage, as distinct from general provisions of the Polish Civil Code

• Main Author: Małgorzata Balwicka-Szczyrba
• Format: Article
• Language: English
• Published: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego 2019-01-01
• Series: Acta Iuris Stetinensis
• Subjects: entry into marriage; defects in a declaration of intent; marriage
• Online Access: https://wnus.edu.pl/ais/en/issue/1178/article/18694/

The aim of this paper is to present regulations on defects in a declaration of intent to enter into marriage and compare them with regulations set out in Articles 82-88 PCC with respect to the scope of the individual defects in a declaration of intent and the ways in which the resulting inconsistencies can be justified. The paper uses a method of research based on legal doctrine, involving an analysis of legal provisions, especially those set out in the Polish Family and Guardianship Code, the Polish Civil Code, case law and the literature. Methods based on comparative law and the history of law are used as a secondary measure. The research has shown that a limitation of the catalogue of defects in a declaration of intent as set out in Article 15¹ PFGC and the definition of the scope of the individual defects is justified by the nature of marriage as a lasting relationship. The inconsistencies between these regulations are therefore a deliberate step to implement the principle of permanence of marriage. However, the opinion expressed in this paper is that some of the defects in a declaration of intent to enter into marriage are regulated too narrowly, which is why the debate over amendments to Article 15¹ § 1 PFGC is well worth continuing. Especially relevant here is the de lege ferenda postulate to extend the scope of a defect in a declaration of intent set out in Article 15¹ § 1(1) PFGC