Prejudicial Decisions of Consistorial Courts in the Second Republic of Poland issued pursuant to the Matrimonial Law of 1836

Abstract

The paper addresses prejudicial decisions issued by consistorial courts functioning in the territory of Poland in the interwar period (1919-1939). Those decisions were made pursuant to the matrimonial law of 1836 proclaimed by tsar Nikolai I of Russia in the parts of Poland then under Russian partition to whom the Tsar granted autonomy. That law had remained in force until 1945, and pursuant to its provisions consistorial courts of certain Christian denominations enjoyed jurisdiction in matrimonial matters. Decisions of those courts were prejudicial not only in disputes relating to property and child maintenance, but also in respect of other disputes resulting from separation, divorce and annulment of marriage. The problem of the prejudicial validity of church courts appeared in the courts of interwar Poland when there a controversy arose over the settlement of child maintenance in the absence of an earlier request for separation filed with the church court. The paper discusses High Court decisions as well as law theorists' opinions issued in the 20s and 30s of the 20th century.