Rozwiązanie małżeństwa w drodze umowy? Uwagi na tle projektu zmian Kodeksu rodzinnego i opiekuńczego oraz ustawy Prawo o aktach stanu cywilnego

Authors:

• Joanna Agnieszka Haberko

Abstract

The author examines the draft law to amend the Family and Guardianship Code and the Law on Registry Office Records within the context of the proposed introduction of the possibility of dissolving a marriage through a divorce agreement. In her analysis, she concentrates on the constitutional principle of protection of the family and family life. She also deals with the question of whether a divorced could be granted without apportioning of blame. In the author’s view, the proposed draft law is not compatible with the principles of family law, violates the constitutional principle of protection of marriage and the family, and does not respect the principles of protection of civil status rights. It may also result in a weakening of the institution of marriage and its destruction by making it too much easy to dissolve a marriage without a judicial review.