Suchergebnisse

The aim of the paper is to present ramifi cations in the field of family law, inheritance law and tax law which arise from the lack of recognition of registered partnerships and same-sex marriages in certain European Union Member States, such as Poland. The lack of recognition is commonly perceived as discrimination on grounds of sexual orientation, but the emphasis is usually placed on its consequences concerning human rights. In this article, the author focused on discriminatory aspects in the area of family life and personal taxation. A lack of appropriate provisions in domestic law produces negative effects affecting taxation obligations for cross-border families that concluded their marriages or partnerships abroad but cannot benefi t from these institutions in certain EU Member States such as Poland. For the purpose of determining discriminatory aspects, the author analysed the domestic rules differentiating couples living in a marriage and couples not possessing the right to marry. Due to lack of case-law on tax and inheritance discrimination resulting from sexual orientation, relevant case-law of the Court of Justice of the European Union have been recalled, revealing possible violations of fundamental
freedoms, including free movement of persons.

Studies on the patterns of marital selection began in the 1920s, and since then researchers have identified a set of variables that should be taken into account in marriage selection research. In this study the following variables are considered: age, nationality, race, social class, environmental background, attitude to faith, religion, attitude to religious practices, education, current employment status, previous marital status, number of marriages, number of children from previous marriages, and financial situation before the present marriage. One hundred and twelve Polish women who married foreigners from non-European cultures took part in the study. Their husbands were representatives of African, Asian and Australian countries; none of them came from Europe or the Americas.The aim of the study is to examine marital selection among intercultural marriages and to provide new knowledge on the subject. In connection with the adopted topic, the purpose of the research and the analysis of the literature on the subject, the main problem of the research was formulated as follows: what are the similarities and differences in marital selection in intercultural marriages?The study revealed that, in most cases, marital selection among the couples who participated in the study followed a similar social biography: the spouses were of a similar age (79.5%) and shared race (90.1%), social class (74.1%), environmental background (61.6%), education (56.2%), attitude to faith (92.8%), and their financial situation before the present marriage (65.2%). The results obtained confirmed Farle's theory, in which he distinguished three main factors influencing the frequency of intercultural marriages: military service, higher education and place of residence. The analysis of the data indicates that the majority of the respondents lived in big cities (57.1%), and higher education was the most common level of education among both the respondents (60.7%) and their husbands (41.1%).

Studies on the patterns of marital selection began in the 1920s, and since then researchers have identified a set of variables that should be taken into account in marriage selection research. In this study the following variables are considered: age, nationality, race, social class, environmental background, attitude to faith, religion, attitude to religious practices, education, current employment status, previous marital status, number of marriages, number of children from previous marriages, and financial situation before the present marriage. One hundred and twelve Polish women who married foreigners from non-European cultures took part in the study. Their husbands were representatives of African, Asian and Australian countries; none of them came from Europe or the Americas.The aim of the study is to examine marital selection among intercultural marriages and to provide new knowledge on the subject. In connection with the adopted topic, the purpose of the research and the analysis of the literature on the subject, the main problem of the research was formulated as follows: what are the similarities and differences in marital selection in intercultural marriages?The study revealed that, in most cases, marital selection among the couples who participated in the study followed a similar social biography: the spouses were of a similar age (79.5%) and shared race (90.1%), social class (74.1%), environmental background (61.6%), education (56.2%), attitude to faith (92.8%), and their financial situation before the present marriage (65.2%). The results obtained confirmed Farle's theory, in which he distinguished three main factors influencing the frequency of intercultural marriages: military service, higher education and place of residence. The analysis of the data indicates that the majority of the respondents lived in big cities (57.1%), and higher education was the most common level of education among both the respondents (60.7%) and their husbands (41.1%).

The goal of the article is to provide on the theoretical area, above all, a legal historical and a legal comparative analyzes of the criminal-law aspects of contracting marriage in an unlawful manner. As an institution, marriage invalidity functioned both in civil law and criminal law during the interwar period. The role of the criminal law of that time was to enforce the rules following from civil law, so the legislator provided for a criminal sanction against those who violated legally protected interests. Protecting the permanence of marriage was in the interest of not only the individual but also the state. At that time marriage was becoming the basis of the family, the fundamental social structure, upon which society and the state were being built. The family was in charge of public peace and morals, therefore any violation of the permanence and indissolubility of marriage union was tantamount to attacking the rules of social intercourse, which in turn led to an erosion of statehood. Given the foregoing, this article discusses the prerequisites under the marriage law for a marriage to be challengeable, as well as penal sanctions against culprits responsible for the conclusion of a statutorily invalid marriage. The choice of the topic was dictated by the fact that the literature of the subject lacks studies of this issue. ; Celem artykułu jest historyczno-prawna oraz prawno-porównawcza analiza prawnokarnych aspektów wyłudzenia nieważnego małżeństwa w aspekcie teoretycznym. Nieważność małżeństwa w okresie międzywojennym funkcjonowała zarówno w prawie cywilnym, jak i w prawie karnym. Zadaniem ówczesnego prawa karnego było egzekwowanie zasad wynikających z prawa cywilnego, stąd prawodawca przewidział sankcję karną wobec sprawcy naruszającego dobra prawnie chronione. Ochrona trwałości związku małżeńskiego pozostawała w interesie nie tylko jednostki, lecz także państwa. Małżeństwo stawało się początkiem podstawowej komórki społecznej, jaką była rodzina, w oparciu o którą budowano społeczeństwo i państwo. Rodzina odpowiadała za spokój i moralność publiczną, dlatego naruszenie trwałości i nierozerwalności związku małżeńskiego utożsamiano z zamachem na zasady współżycia społecznego prowadzącym do osłabienia państwowości. Uwzględniając powyższe, w niniejszym artykule zostały omówione przesłanki prawa małżeńskiego warunkujące wzruszalność małżeństwa oraz sankcje karne wobec sprawców odpowiadających za zawarcie ustawowo nieważnego małżeństwa. Wybór tematu uzasadnia brak opracowania w literaturze przedmiotu niniejszego zagadnienia.

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.

The work is an analysis of the religious issue of the upbringing of offspring in marriages concluded by persons belonging to different faiths and religions. In this publication, the reader will find an explanation of basic human rights, such as religious freedom and the right of parents to raise their offspring; these laws are discussed in the context of the religious upbringing of offspring. The main part of the study is the analysis of the themes constituting the life of mixed marriages - the attitude of the Catholic Church to such relationships, the conditions for consenting to marriage with a person of another religion, ways of solving problems related to the religious affiliation of children and description of religious practices of Christian families. The same issues were also analyzed in terms of religiously marriages (Judaism, Islam, Buddhism and Hinduism were taken into account). Due to the increasingly frequent migration, all these issues are very important today. The book is addressed to all those interested in the subject of marriages diversified religiously or religiously, both because of the topicality of the topic and the private interest, i.e. the desire to enter into such a marriage.--From publisher's website

The article is focused on the pattern of marital attitudes expressed symptomathically by the attitude towards marriage and the planned age of concluding marriage. An attempt to identify the patterns of marital attitudes of 4264 unmarried youths (aged 18 - 34) has been conducted on the basis of empirical material obtained in years 1985 - 1987 from the whole territory of Poland by the random- -quota method. The results indicate that in Polish conditions marriage gains in importance in the (hierarchy of socially accepted values and is generally accepted by the unmarried youths. Marital plans were declared by 94% of youths. A basic determinant of the pattern is the pisychoisociological factor, while demographic factors (age, sex) and the environment only modify its functioning. A peculiarity of the pattern is a high concentration of preferred age of concluding the marriage. Women plan to get married between 20 - 24 years of age, while men between 25 - 29 years of age. It justifies the opinion that in the future the tendency to conclude early marriages will be preserved and that relatively high birth potential will be retained. Among Polish unmarried youths a formal marriage is preferred by 92,7°/o of respondents. It allows to expect a domination of children born in wedlock, a tendency which should be approved. Polish youths wish to live in institutional marriages based on interpersonal relations created by friendship and emotional ties. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016