Małżeństwo a odpowiedzialność. Socjologiczno-prawna analiza rozwodów w Polsce

Abstract

We are currently living in Poland in a liberal society with a certain level of subjectivity of individuals, which translates, for example, into freedom of: speech, conscience and religion, lifestyle. This is reflected in the sphere of family life. We function in marriages, cohabiting relationships or as singles. Marriage, no matter how it is understood, is of considerable importance from the perspective of the individual, his family and society. It is incomparable to the social significance of the above-mentioned so-called alternative forms of family life. This significance is evidenced by the fact that it is reflected in the regulations of secular and canon law. They form an essentially similar, normatively determined cultural pattern for implementation in social reality. In this connection, the essence of marriage in both areas of law is discussed. Both in the Family and Guardianship Code and in canon law, nupturients enter into marriage on the basis of a contract. However, individuals are more and more often, for various reasons, unwilling or not strong-willed enough to fulfil it at all or to meet some of its conditions, as evidenced by the increase in the number of divorces in Poland. This has inspired the author of this publication to make an attempt to undertake a socio-legal analysis of the issue of responsibility for a marriage (or lack of it) in Polish society based on the grounds for divorce and the so-called “breaking obstacles” as legal grounds for marriage annulment, assuming as lack of responsibility the criterion of guilt, i.e. bad will of the partner (sometimes both partners). Furthermore, it should be emphasised that divorce itself or the annulment of a marriage could be considered irresponsible failure to comply with the aforementioned consensus. It is therefore necessary here to cite the age-old Roman law principle ‘contracts must be honoured’.