The article is a critical assessment of Polish family law, particularly a sham marriage. Currently the Polish Family and Guardianship Code provides for only three types of defects of the marriage declaration of the prospective spouses: lack of consciousness, error as to the identity of the other party and unlawful threat. Article 15(1) of the Polish Family and Guardianship Code does not include an ostensible declaration, which the author considers to be a serious mistake of Polish legislator. It also presents regulation a sham marriage in Germany and Austria. The considerations have led to a conclusion that the legal institution of a sham marriage should be regulated in the Polish Family and Guardianship Code. A regulation of sham marriage also appears to be necessary due to content of the Polish Aliens Act.
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dc.description.number
3
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dc.identifier.doi
10.26106/ndqh-qd14
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dc.title.journal
Transformacje Prawa Prywatnego
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dc.language.container
pol
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dc.date.accession
2019-10-11
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dc.subtype
Article
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dc.rights.original
OTHER; otwarte czasopismo; ostateczna wersja wydawcy; w momencie opublikowania; 0