Instytucja separacji małżeńskiej na gruncie prawa kanonicznego i polskiego prawa cywilnego

Abstract

Separation leads out from the Latin term separation, which means separation, disconnection and isolation. In Polish civil law it depends on canceling the matrimonial community and separation from the community of Home (table and bed). Arising as an effect of serious crisis separation doesn’t cause a solution of the legal relationship existing between parties. It also doesn’t authorize them to get married again. The legislator releases parties only from obligation to the common life, but does not give them full freedom. Also Catholic Church gives possibility for spouses who want to certainly part from each other with sanction of separation. But it’s an exception which is supposed to mitigate the way out of hard life situations. This regulation, lead out from the canonic law, was introduced into the Polish statutory recently in 1999, as a realization of the Constitution and Concordat. Below elaborate approximates institution of separation, its sense, aim and functions. It presents appearing similarities between these two systems of law in the fields of premises, orders and effects. This way it shows useful and public meaning of separation.

Keywords

• separation
• canon law of marriage
• marital community
• domestic community