Exercise of Polish Citizen’s Right to Enter into Marriage with a Foreigner Abroad

Abstract

The freedom to marry a foreigner abroad is derived from the principle of a voluntary entry into marriage, which is manifested in the freedom to choose the spouse. The article analyses those provisions of the Polish law that apply to a marriage between a Polish citizen and a foreigner abroad. Issues such as the form of contracting marriage, obtaining a certificate of legal capacity to contract marriage in accordance with the Polish law and the possibility of contracting marriage before a consul have been discussed. The results of the analysis show that the law of Poland fully recognizes the lex loci celebrationis matrimonii principle as long as its implementation does not contradict the fundamental principles of the legal order of the Republic of Poland. Thanks to the institution of the certificate of legal capacity to contract marriage issued by the head of the registry office, the capacity of a Polish citizen to marry abroad is assessed in accordance with the Polish law. It also provides the grounds for the recognition of the marriage contracted abroad in the domestic legal order. However, certain forms of marriage, such as same-sex or polygamous marriage, cannot be recognized since Article 18 of the Constitution of the Republic of Poland, according to which marriage is a union of a woman and a man, stands against this possibility.