Monitor Prawniczy

no. 17/2021

Defects of Polish obstacles to marriage. Part I: Obvious impediments to marriage

DOI: 10.32027/MOP.21.17.2
Krystyna Gromek
Autorka jest sędzia Sądu Okręgowego w Warszawie w stanie spoczynku.
Abstract

The age impediment concerns exclusively the minimum age at which marriage is permissible. The rule making marriage possible is for the bride and groom to be over 18 years of age, and in exceptional cases 16 years of age for the woman. Nowadays, there are over 100 definitions of mental health, 50 symptoms of “normalcy” and 24 definitions of a mental disease. This points to a chaos in terminology. Therefore, nowadays it is unknown what a mental illness is. Mental retardation means an IQ level lower than 70. Mental retardation is classified as severe (idiotism), moderate (imbecility), and mild (debilism). Bigamy is an obstacle to remaining in a marital relationship with a person who is legally married to someone else – in other words polygamy. In such case the second marriage is invalidated. The obstacle of consanguinity is binding without restrictions in the case of lineal consanguinity, and in the case of lateral consanguinity in the second degree, i.e. between siblings, it is of an absolute nature as incest. Affinity is divided into biological and legal. Affinity by marriage is a legal relationship between a spouse and relatives of the other spouse. Therefore, affinity by marriage is not a biological, but exclusively a legal relationship. The obstacle of affinity by marriage is binding between relations in direct line without restrictions. The obstacle of adoption involves the prohibition of getting married exclusively between the adopter and the adoptee.