W meandrach trzech gałęzi prawa, czyli kilka słów o bigamii

Abstract

Bigamy, interpreted as entering into marriage by a person who is already married, is a phenomenon which can be analyzed on a number of different levels. One of the areas of the analysis is the area of penal law where bigamy is perceived as a crime against values such as proper functioning of family. Regulations of civil law concerning conclusion of marriage, declaring its non-existence and validity are relevant in context of realization of features of prohibited act created by Polish legislator in Article 206 of the Penal Code. Recognition of monogamy as the only permissible form of marriage is based, according to many authors, on the Constitution of the Republic of Poland. However, how is criminalization of bigamy justified on the area of axiology? How is bigamy perceived by legislation of the Catholic Church? In which way regulations of the Family and Guardianship Code affect realization of features of the crime from Article 206 of the Penal Code? The aim of this article is to seek an answer to the question why the legislator decided to criminalize bigamy. It is also a try to point out issues raised during the analysis of this subject in different areas of law, which are often disputed. Authors try to highlight the influence of the European and Judeo-Christian traditions on legislation in matter of bigamy.