Dyskryminacja dzieci pozamałżeńskich w ustawodawstwie cywilnym w Drugiej Rzeczypospolitej i próby jej przezwyciężenia w projektach kodyfikacyjnych
The article points out that of the five coexisting systems of family law in independent Poland that originated in the partition era, which were treated as Polish district law (namely: the French-Polish legislation in the central lands, the Russian legislation in the eastern lands, the Austrian legis...
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| Main Author: | |
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| Format: | Article |
| Language: | deu |
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Wydawnictwo Uniwersytetu Wrocławskiego
2025-02-01
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| Series: | Prawo |
| Subjects: | |
| Online Access: | https://wuwr.pl/prawo/article/view/17827 |
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| Summary: | The article points out that of the five coexisting systems of family law in independent Poland that originated in the partition era, which were treated as Polish district law (namely: the French-Polish legislation in the central lands, the Russian legislation in the eastern lands, the Austrian legislation in the southern lands, the provisions of the Austrian legislation in force together, as well as some Austrian marriage laws and the Hungarian Personal Marriage Law of 1894 in Spiš and Orava, and finally German legislation in the western lands of the Second Republic of Poland)— all discriminated against extramarital children, then known as “non-marital” and “illegitimate” or “natural” children. The rule, therefore, was that there existed a difference in the legal position of marital and extramarital children.
The author initially analyzes the concept of an illegitimate child in district legislation in interwar Poland, then addresses the issue of the distinction in the category of illegitimate children, as well as the uniform regulation of their legal status in after partitions legislation. He then moves on to the work of overcoming discrimination against extramarital children in the Codification Commission of the Republic of Poland, analyzing the original drafts prepared by Stanisław Gołąb (1934) and the drafts by the Subcommittee of the law on kinship and guardianship relations of the Codification Commission based on them.
The author argues that the drafts in Stanisław Gołąb’s original version were more progressive, since at their core was the fundamental equality of rights between children born during marriage and non marital children, while the Subcommittee gave this a more declarative form by assuming that a child born out of wedlock could be equated with a marital child by order of the court (office) of guardianship, issued at the request of the authorized subjects and with the consent of the persons indicated therein. At the same time, the author stresses that the new thoughts expressed in Stanisław Gołąb’s original draft, which constituted an important legislative advance, also found expression in the version passed and still being amended by the Subcommittee, in particular the idea of essentially equating children born out of wedlock with marital children, the care of the court (office) of guardianship and social welfare authorities over children born out of wedlock, as well as the principle of exercising parental rights solely in the interests of the child, including those born out of wedlock. Work on the second reading of the drafts was not completed until the outbreak of World War II. |
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| ISSN: | 0524-4544 2957-2355 |