Ochrona rodziny w przepisach kodeksu rodzinnego i opiekuńczego dotyczących zawarcia małżeństwa
Family protection in light of the provisions of the family and guardianship code relating to contracting marriage

Summary/Abstract: The aim of this article is to ponder on the manner and the scope of implementation of the rule of family protection stipulated in the provisions of the Family and Guardianship Code pertaining to contracting marriage. The main aim is to highlight the areas of legislation in which, nowadays, the aforementioned rule seems to require special care on the part of the legislator and the entities applying the law, in the context of the observed social changes and proposed changes in the law. One of the provisions belonging to the aforementioned „area” is Article 12 of the Family and Guardianship Code providing for the possibility of contracting marriage by persons with mental disorders, in particular in the context of the ratification of the Convention on the Rights of Persons with Disabilities. The author stresses that changes in the law should be made in a particularly prudent way, especially those regarding such delicate provisions of law as the ones pertaining to family law. It cannot be a simple result of a social change, but it should be primed by assessment of the direction in which the changes are evolving, taking into account the basic values cherished by the society.

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