Abstract

This article is a concise commentary to the Supreme Court judgement of 22 February 2012 (IV CSK 240/11), in which the Court explicitly emphasized that in accordance with the Polish family law a state precluding a conscious declaration of intent to enter into matrimony may not constitute a basis for declaring invalidity of marriage. The Family and Guardianship Code stipulates that such situation shall be a basis for nullification of marriage (Art. 151 § 1.1) In the body of the article, having approved the solution adopted by the Court, differences in the premises and consequences of both procedures have been outlined. Also the regulations concerning the defect of a declaration of intent consisting in a state precluding consciousness contained in the Family and Guardianship Code and the Civil Code have been compared.