Causing nullity of marriage in Polish criminal legislation of the interwar period Cover Image

Spowodowanie nieważności małżeństwa w polskim ustawodawstwie karnym okresu międzywojennego
Causing nullity of marriage in Polish criminal legislation of the interwar period

Author(s): Judyta Dworas-Kulik
Subject(s): History of Law, Criminal Law, Civil Law, Interwar Period (1920 - 1939)
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: marriage; bigamy; invalidation of a marriage; impediments to marriage; the Codification Commission; unification of criminal law;

Summary/Abstract: From the civil law point of view, marriage was a relationship between a man and a woman which was a contract of considerable public importance. It was seen as the main pillar on which the whole construction of society and the State was based, so the rules and sanctions on the institution of marriage were designed to protect both the interests of the individual and the State. The duration of marriage was of fundamental importance to this legal institution of marriage. The aim of the article is a criminal law analysis of the crime of bringing about the invalidity of a marriage regulated in the Polish criminal legislation of the inter-war period. Undoubtedly, due to the phenomenon of legal bigamy spreading in inter-war Poland, which became a huge challenge for the legislative and, above all, judicial authorities, the investigation of a criminal law sanction against a spouse whose fraudulent behavior led to the conclusion of void marriage on the basis of Article 198 of the Criminal Code sometimes created the only possibility to punish the perpetrator of crimes against marriage.

  • Issue Year: 2020
  • Issue No: 49
  • Page Range: 27-38
  • Page Count: 12
  • Language: Polish
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