Pełnomocnictwo do zawarcia małżeństwa w prawie kanonicznym i w polskim prawie cywilnym
The Mandate to Contract Marriage in Canon and Polish Civil Law

Summary/Abstract: Contracting marriage through the proxy is an institution dating back to the Roman law and canonized under Church law. Gratian was the first to mention about it, but the matter was not regulated in detail before the 1917 Code of Canon Law in can. 1089-1091. The 1983 Code of Canon Law, in can. 1105 confirms the previous regulations, specifies the duties of proxy and the one mandating and also requirements of the mandate. Both Codes still treat it as an extraordinary form of contracting the marriage. The same possibility is offered by Polish civil law, however with different requirements for the mandate. The Code of Canons of the Eastern Churches leaves the question to be resolved by particular sui iuris Churches.

• Details
• Contents