Rozwód w zunifikowanym prawie małżeńskim z 1945 r. Geneza, konstrukcja, orzecznictwo

Abstract

The decree issued on September 25ᵗʰ, 1945 called The Marital law, was a legal act, which unified matrimonial law in Poland after World War II. One of the most characteristic features of this law was the institution of divorce, because it was implemented to the Polish legal system for the first time as a common institution to all citizens, regardless previous religious regulations. The origins of legal regulation come from the bill prepared by Codification Commission (Komisja Kodyfikacyjna) in 1929. This bill was constructed by Karol Lutostański, one of the most outstanding Polish lawyers. You can also find some traces coming from German, French and Austrian laws, which existed in Poland before World War II. The most important factor, which had influence on the shape of new law, were however views of its authors, which were based on the theory of socialization of private law. The decree followed the rule of durability of marriage, which had influence on shape of the divorce law. The divorce could be stated by court only when permanent breakdown of marriage was proved. You also had to give the reasons of this breakdown, to point who wasguilty of it. However, you couldn'tgetdivorce if the interestof minor children was against it. Subsequent jurisdiction formułated new restrictions, which resulted with the difficulty of getting divorce.