Istotne przymioty małżeństwa katolickiego oraz zasady małżeństwa w prawie polskim

Abstrakt

Canon and civil law take interest in the institution of marriage. Matrimony lies within the realm of ethics, religion, sociology, psychology and many other domains of human thought and activity. Law deals with marriage in a special way – marriage is granted a formalised shape and protected. Both for the State and Church the institution of marriage is enormously important. Marital canon law focuses on the supernatural nature of this institution, stressing its two significant attributes: unity and indissolubility. Polish law, on the other hand, emphasises its chief principles, such as the principle of monogamy, secularism, permanence and equality. An analysis of the essential attributes of sacramental marriage and the attributes of marriage in the light of Polish law enables one to see both similarities and differences. Both legal frameworks agree that marriage is a union of a man and woman. Both legal specifications recognise the unity of marriage, thus ruling out the possibility of polygamy. Both frameworks recognise the equality of a man and woman joined in matrimony. The major difference lies in the fact that the regulations of Polish family and guardianship code permit divorce. According to Catholic teaching, marriage is indissoluble due to its sacramental nature.