THE CONSTITUTIONAL MODEL OF MARRIAGE (ARTICLE 18 OF THE CONSTITUTION OF THE REPUBLIC OF POLAND)

Abstract

This article deals with the Polish model of marriage, that is based on the Roman tradition and has been formed for decades of the development of the Polish legal system. Its main features are: heterosexuality of spouses, monogamy, secularity, stability and equality. According to the Article 18 of the Constitution of the Republic of Poland, marriage is a union of a man and a woman that is placed under the protection and care of the Republic of Poland. The Constitution forbids existing of the homosexual marriages, yet permits the legislator to create the non-martial unions that are legally recognised. However, the latter have to be notably different from the marriage. The special protection and care should be reserved only for the marriage, thus no couple (or group) living in the cohabita-tion could be treated similar or better than married couple.