PRAWNE ŚRODKI ZAPOBIEGANIA POCHOPNEMU ZAWIERANIU MAŁŻEŃSTW W ŚWIETLE BADAŃ SOCJOLOGICZNYCH

Abstract

LEGAL MEANS OF PREVENTING INJUDICIOUS MARRIAGE IN THE LIGHT OF SOCIOLOGICAL RESEARCH Summary The results of the statutory research presented in the present study are part of a completed research project on the methods of decreasing the number of divorces. The project envisaged two main research areas: 1) the prevention of injudicious marriage, and 2) divorce. An analysis was carried out on the research results for the former area, conducted by interviewers using the structured interview method. Interviews were conducted in eight voivodeships and within three groups of respondents: 120 newlyweds, 40 heads of Polish registry offices (Urząd Stanu Cywilnego), and 40 priests conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged by Canon Law.