Contracting a Canon Marriage with Civil Consequences (art. 10 of the Concordat between the Holy See and the Polish Republic)

Abstract

The institution of recognising civil consequences of the canon marriage is a significantly new element introduced into Polish law by article 10 of the Concordat. The Concordat norm concerning this matter is not suitable for immediate application. In Art. 10, passage 6, the state side obliged itself to introduce proper changes into Polish law. In order to fulfil this obligation, after ratification of the Concordat the law of 24 July 1998 was passed about changing the laws: Family and Protective Code, Family Procedure Code, the law concerning registrar’s office files, the law concerning the relation of the State to the Catholic Church in the Polish Republic and some other laws (Dziennik Ustaw [official gazette announcing current legislation], 1998, No. 17, p. 757) as well as the decree of the Minister of Internal Affairs and Administration of 26 October 1998 (Dziennik Ustaw, 1998, No. 136, p. 884.To Article 10, passage 1 of the Concordat a general rule was added, “From the moment of its contracting, a canon marriage has the same consequences as contracting marriage according to Polish law”. This rule is not a categorical, but a hypothetical one, as its application is dependent on meeting three conditions:

if the spouses make a unanimous declaration of their will in the presence of a priest that it is their wish that their marriage has civil consequences;

if there are no obstacles between the spouses that issue from Polish law. The law of 24 July 1998 obliges the sides to present to the priest a certificate from the registry that there are no obstacles of this kind between them and about what name they themselves and their children wish to bear. The certificate is to be issued by the Director of the Registry proper for the place where the nupturients live;

if an act of civil marriage is passed by the Director of the Registry proper for the place of contracting the canon marriage on the basis of a certificate sent to him by the priest within five days from contracting the canon marriage.