Zawieranie małżeństw mieszanych w Kościele rzymskokatolickim oraz w Kościele polskokatolickim. Próba rozwiązania kolizyjności norm

Abstract

The author of the presented study made a thorough comparative analysis of the content of can. 1124–1129 CIC and §§ 62–66 of “Marital Law of the Polish Catholic Church” concerning mixed marriages. The analyses he carried out prove that the contradiction of norms results from the fact that the legislator of both Churches introduced a prohibition to contract this type of marriages. According to the author, the norms included in article 2 § 2, n. 1 of the instruction Dignitas connubi force us to respect the autonomy of the decision of the power of the Polish Catholic Church about not issuing a permission to contract a mixed marriage because it is accepted that this decision is based on principle of legality. It is assumed that keeping the prohibition in force results from not fulfilling by one or both parties the conditions laid down by the Polish Catholic law. The author believes that taking into consideration the content of article 2 § 2, n. 1 DC which accentuates the autonomous nature of legal systems of other churches and ecclesial communities, one should also respect the fact of not issuing by the Polish Catholic ordinary a dispensation from the permitted form of marriage.