Religious Marriage with Civil Effects in Polish Family Law

Abstract

The article presents and analyses the issue of religious marriage with civil effects (Article 1(2) FGC), introduced into Polish law by the Act of 24 July 1998. Ever since the Act became effective (on 15 November 1998), people who wish to marry have been able to enter into civil marriage (Article 1(1) FGC), or to marry under state law in the course of contracting marriage under the internal law of a church or another religious organisation (currently such possibility exists for eleven churches and religious organisations). The article analyses the individual conditions of entering into marriage pursuant to Article 1(2) FGC. It discusses the following issues: the moment when the declarations of will to simultaneously contract marriage under Polish law should be made, the concept of the priest and the impact of the deficiency of religious marriage on marriage under state law. Particular doubts have been raised in family law doctrine with regard to the legal nature of the marriage certificate being issued by the head of the register office. The article lists arguments in favour of the prevailing view, according to which issuing the marriage certificate is of constitutive nature and its absence results in the invalidity of marriage under Polish law. In addition, the text presents the view that the simultaneous presence of the bride and groom when making the required declarations for entering into religious marriage is not a condition stipulated in Article 1 FGC, but may possibly result from the internal regulations of the church or other religious organisation.