The conclusion of a simulated marriage – an unsolved practical problem
The conclusion of a simulated marriage – an unsolved practical problem

Summary/Abstract: The conclusion of a simulated marriage can be considered in a situation where there is a conscious contradiction between the actual intentions of parties and their statements made in the presence of the head of the Registry Office or in front of a clergyman. It is possible that person make a declarations to marry only ostensibly, which is even noticed by the Polish legislator (Article 169 section 2, point 7 of the Act on Foreigners). Simulation is not a defect of declaration of intent resulting in the annulment of the marriage. From a legal point of view, a fictitious marriage is successfully concluded. In practice, those who pretends are married. It is because there are no relevant regulations in the Family and Gardianship Code, and the provisions of the Civil Code. regulating ostensible nature (simulation) as a defect of declaration of intent, do not apply. Such a marriage can only be dissolved by divorce, or by special regulations that provide an administrative sanction. The issues raised constitute a voice in the discussion.

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