The Importance of the Principles of Social Coexistence for Divorce in the Context of Cultural and Social Changes. A Polish Perspective
The Importance of the Principles of Social Coexistence for Divorce in the Context of Cultural and Social Changes. A Polish Perspective

Summary/Abstract: Cultural and social changes may affect the methodology adopted by the courtsat a certain time in interpreting and applying the law, in particular provisions containinggeneral clauses. These clauses make the law more flexible, enabling it to adapt tochanging conditions. They are treated as a kind of “safety valve” to avoid solutions thatare unjust, or ethically and morally unacceptable in society. From this perspective, thisarticle will consider the significance of the general clause of the principles of social coexistencein adjudicating a divorce from the perspective of Polish law. The purpose of thisarticle is to answer the question whether, and in what direction, the cultural and socialchanges that may be taken into account through the general clause of Article 56 of theFamily and Guardianship Code affect the dissolution of a marriage by divorce, namelywhether or not they hinder the pronouncement of a divorce where the other prerequisitesfor divorce are met.

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