Ocena raison d’être norm dotyczących kanonicznej formy zawarcia małżeństwa w warunkach polskiego prawa cywilnego. Przyczynek do dyskusji

Abstract

The article assesses the reasons behind the present norm of the obligation of the canonical form to marry, in the circumstances of Polish law system. It represents a contribution to the discussion on the legitimacy of the present canonical norms. The paper consists of the following parts. In the first part the canonical form is presented. In the second one, some norms o f polish law system are offered to show that the main goals of the canonical form are successfully fulfilled by the Polish civil law. All this leads to a conclusion that in Poland the raison d’être of the requirement of the canonical form does not exist. So, it is justified to be in favor of the demand de lege ferenda to legislate the canonical form of marriage not ad validitatem of matrimony, but only ad liceitatem.