Abstract
Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when marriage is contracted, despite the existence of impediments to marriage, the ecclesiastical tribunal, after completing the relevant proceedings, declares its nullity whereby this judgment is of a declarative nature. In the case of annulment of marriage, the legislator provided for some restriction as to the persons authorized to file a claim, and it also listed the situations in which, even though marriage was contracted in breach of law, its annulment is not possible. Therefore, convalidation by force of law is permissible. Such validation and such restrictions have not been provided by the ecclesiastical legislator, although the convalidation of marriage is possible as long as the matrimonial consent continues and some additional conditions have been satisfied. The judgment regarding the annulment of marriage is constitutive, although the effects of annulment have retroactive effects, whereby the legislator stated that for certain relationships, the rules of divorce shall be applicable.
 Both in the state and canonical orders, there are three groups of reasons that are the basis for annulment and declaration of nullity of marriage. These are impediments to marriage, defects to the declarations of intention of the spousesand defects to the mandate to contract marriage. The individual reasons have been briefly discussed to present the differences in their understanding under canon law and state law.
Highlights
Marriage, which is the foundation of the family, is subject to the state laws and in the case of Catholics - the canon law being the internal law of the Catholic Church
The spouses and the public prosecutor may request the annulment of marriage, unless the adoption relationship has ceased[42]. This will not apply to the total adoption, because it cannot be terminated[43]. Another group of reasons on which are the ground for the annulment of marriage are defects in the declarations of intention made by spouses to get married, which the legislator listed in Art. 151 of the Family and Guardianship Code
Due to the fact that the canonical marriage between two baptized persons is a sacrament, it is not permissible to dissolve it by divorce or annulment
Summary
Marriage, which is the foundation of the family, is subject to the state laws and in the case of Catholics - the canon law being the internal law of the Catholic Church. Owing to apparent similarity of these institutions, it appears reasonable to make a comparative analysis to clarify differences between the civil annulment and the canonical declaration of nullity of marriage In both legal orders the institution of marriage is defined and understood differently, but some elements are similar. Marriage is a lasting relationship of a man and a woman, contracted in a formalized way through the declaration of intention made by both prospective spouses[4]. It is a legal relationship of a reciprocal nature. Canonical marriages can only be terminated by death of one of the spouses or in case of dispensation granted by the Holy See from a marriage contracted and not consummated, and in the case of the privilege of faith
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