Poglądy Franciszka Ksawerego Szaniawskiego na temat uregulowania rozwodów w Kodeksie Napoleona

Abstract

This paper concerns Franciszek Ksawery Szaniawki and his interpretations of legal regulation of divorce in the Napoleonic Code. In 1808 the Napoleonic Code was enforced on territory of the Duchy of Warsaw. This modern civil code included regulations of divorce unknown to the traditional polish law (there was no institution of divorce). Soon it appeared that polish society, especially the Catholic Church but not only, is strongly opposed to divorce in newly restored Polish State. Franciszek Ksawery Szaniawski was both catholic priest and state official working in The Ministry of Justice. As a very first translator of Napoleonic Code into polish language, he took part in national debate on reulation of divorce in Napoleonic Code. Franciszek Ksawery Szaniawski pointed out several general disadvantages of divorces i.e. ruining of a family life, negative impact on social customs and behaviour and uncertain future of children whose parents divorced. In spite of these disadvantages F.K. Szaniawski stated, however, that institution of divorce, used under limits protected by judges in Polish Courts, is highly compatible with other provisions of the Napoleonic Code and shouldn’t be wiped out of the Code. According to Szaniawski divorce can be apply only when it is necessary and in a very precise and narrow way. That way of thinking on divorce was very uncommon for a Catholic priest. Szaniawsk eventually popularized new hybrid idea of marriage in the Duchy of Warsaw reflecting its religious and civil aspect separetely.