Mediation as a chance to save a marriage? The study of Roman, canon and civil law Cover Image

Mediacja szansą na ocalenie małżeństwa? Studium prawa rzymskiego, kanonicznego i cywilnego
Mediation as a chance to save a marriage? The study of Roman, canon and civil law

Author(s): Bronisław Sitek
Subject(s): Sociology, Philosophy of Law, Sociology of Law
Published by: Wydawnictwo Akademii Nauk Stosowanych WSGE im. A. De Gasperi w Józefowie
Keywords: marriage; family law; marriage in Roman law; the canonical concept of marriage; help marriage; marital mediation

Summary/Abstract: It is commonly assumed that marriage is an institution of natural law. Its form, however, is the result of cultural changes resulting from religion, climate or the degree of civilization development. Since Roman times, along with Christianity, it is assumed that marriage is a union between a man and a woman. The marriage is assumed to be the fundamental social cell, constituting the condition of society itself. Therefore, the legislature take all kinds of measures to assist or to save the marriage. One of the instruments allowing the rescue of marriage is mediation. The aim of this institution is not only saving the marriage but in case of no possibility of achieving this objective, it is also about helping to finish the existence of marriage in humanitarian way, including taking care for the children’s good.

  • Issue Year: 32/2017
  • Issue No: 1
  • Page Range: 113-131
  • Page Count: 18
  • Language: Polish
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