Przysięga małżeńska (art. 7 § 3 Kodeksu rodzinnego i opiekuńczego)
The marriage vow (Article 7 para. 3 of the Family and Guardianship code)

Summary/Abstract: The amendment to the Family and Guardianship Code of 2014, introducing the wording of the declaration of entering into marriage, deserves a positive assessment. Due to the importance of the marriage vow, it was right to assign it the rank of a legislative act. At the same time, it should be emphasized that no changes have been made regarding the preconditions required for entering into marriage because the constitutive element of entering into marriage is, as previously, expressing the will to enter into marriage, and not uttering a specific formula of words. Any incorrect uttering of the words does not have a negative effect on the act of entering into the marriage, as long as there is no doubt that, in spite of the incorrect uttering of the words, the will to enter into marriage has been expressed. Therefore, the wording of the marriage vow should be considered as an organizational precondition for entering into marriage. Its content may be deemed helpful during the interpretation of the provisions regarding the rights and obligations of spouses, and therefore, indirectly, may affect the application of law in practice.

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