Glosa aprobująca do uchwały składu siedmiu sędziów Sądu Najwyższego z 10 maja 2023 r., sygn. akt III CZP 71/221
Approving Gloss to Resolution of a Panel of Seven Judges of the Supreme Court – Civil Chamber of 10 May 2023, Court File no. III CZP 71/22

Summary/Abstract: The approving gloss presents the decision of the Polish Supreme Court of the court file III CZP 71/22, that is the resolution of seven justices taken onMay 10, 2023. It shows that a marriage certificate prepared as part of a contrac-tual marriage is of a constitutive nature, and exceeding the 5-day deadline,which is of an administrative nature, for submitting a certificate under art. 8 § 2of the Family and Guardianship Code, by a clergyman, should, in principle,result in a refusal to prepare a marriage certificate. However, if such an act isprepared, it cannot be considered that the marriage does not exist. The SupremeCourt also pointed out that Art. 10 of the Concordat is not suitable for directapplication, only national regulations issued on its basis.

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