Key Benefits:
ACT
of 25 February 1964
Family Code and caring
Title I
Marriage
SECTION I
Marriage
Article 1. [ Conclusion of marriage] § 1. A marriage shall be concluded when a man and woman at the same time present before the Head of the State of the State of the Civil Service a declaration that they enter into a marriage relationship.
§ 2. Marriage is also concluded when a man and woman containing a marriage governed by an internal law of a church or other religious affiliation in the presence of a cleric declares the will to marry simultaneously to the subject of a marriage the Polish law and the head of the civil state office will then draw up the act of marriage. When the above conditions are fulfilled, the marriage shall be deemed to have been concluded at the time of the declaration of the will in the presence of the clergy.
§ 3. The preceding paragraph shall apply where the international agreement or the law governing the relationship between the State and the church or other religious association provides for the possibility of a matrimonial party to be governed by the law the internal or other religious relationship of such effects entails the conclusion of a marriage before the Head of the Office of the Civil State.
§ 4. A man and a woman who is Polish citizens staying abroad may enter into marriage either before the Polish consul or before the person designated to perform the functions of the consul.
Article 2. [ Appointment of a non-existence of marriage] If, in spite of the failure to comply with the provisions of the preceding article, anyone who has a legal interest may have an action to establish a non-existence of marriage.
Article 3. [ Documents] § 1. Persons intending to enter into marriage should submit or present to the Head of the State Office the documents necessary for the conclusion of the marriage, specified in separate provisions.
§ 2. If the receipt of a document, which a person intending to enter into a marriage is required to submit or present to the manager of a civil status office, encounters difficult to overcome the obstacle, the court may release that person from the obligation to submit or the presentation of this document.
§ 3. The Head of the Office of Civil State shall explain to those intending to enter into marriage a marriage to the marriage, the provisions governing the rights and obligations of the spouses, and the rules on the names of the spouses and the names of their children.
Article 4. [ Term of marriage] A marriage before the manager of a civil status office may not be concluded before the end of the month from the day when the persons who intend to conclude them have submitted to the manager of the civil state office a written assurance that they do not know of the existence of the circumstances the exclusive conclusion of this marriage. However, the Head of the Office of Civil State may authorise the conclusion of a marriage before the expiry of that period, if they speak for that important consideration.
Article 4 1 . [ Certification] § 1. Persons intending to enter into a marriage in the manner prescribed in Article 1 § 2 and 3 the Head of the Office of Civil State issues a certificate stating that there are no circumstances excluding the conclusion of marriage and the content and date of the submitted statements before him on the names of future spouses and their children.
§ 2. The certificate shall be repealed after six months from the date of its issue.
§ 3. When issuing a certificate, the Head of the Civil State Office shall inform the parties about the further tasks necessary for the marriage.
Article 5. [ Refused acceptance of statements] The Head of the Office of Civil State, who has learned of the existence of circumstances excluding the conclusion of the intended marriage, refuses to accept statements of marriage or the issue of the certificate referred to in art. 4 1 And in case of doubt, he will ask the court to decide whether or not the marriage can be concluded.
Article 6. [ Plenipotentiary] § 1. For important reasons, the court may allow the declaration of marriage or the declaration provided for in art. 1 § 2 was submitted by the proxy.
§ 2. Plenipotentiary should be granted in writing with the signature officially certified and exchange the person with whom the marriage is to be concluded.
Article 7. [ Form of statement] § 1. If the marriage is concluded before the manager of the office of civil status, the statements of marriage in marriage should be made public in the presence of two full-year witnesses.
§ 2. The Head of the Office of Civil State will ask the man and woman whether they intend to enter into a marriage, and when they both answer the question in the affirmative, they invite them to make statements about marriage and the statements in the case names of the spouses and their children.
§ 3. Each of the persons containing the marriage consists of a declaration of marriage, repeating the contents of the statement, or reading them out loud, after the Head of the Civil State:
" Conscious/conscious of the rights and obligations arising from the marriage of a solemn marriage I declare that I am entering into a marriage with (the name of the other from the people ascending into marriage) and I pledge that I will do everything to make our marriage a match, happy and durable. ".
A person who is not able to speak shall make a declaration of marriage by signing a memorandum of acceptance of the marriage.
§ 4. Following the submission of declarations of marriage by both parties, the Head of the Office of Civil State announces that the marriage has been concluded as a result of the matching statements of both parties.
Article 8. [ Spirituous duties] § 1. A cleric before which a marriage governed by an internal law of a church or other religious association is made shall not accept the statements provided for in Article 4 (1) of the Rules of Law. 1 § 2-without prior presentation to him of a certificate stating the absence of circumstances excluding the conclusion of marriage, drawn up by the Head of the Office of Civil State.
§ 2. forthwith after the submission of the statements referred to in § 1, the clergyman shall draw up a certificate stating that the statements have been made in his or her presence in the conclusion of a marriage governed by the internal law of the church or another the confession. This certificate shall be signed by the priest, the spouses and the two other minor witnesses present at the time of the submission of those statements.
§ 3. The certificate referred to in § 2, together with the certificate drawn up by the Head of the Office of Civil State on the basis of art. 4 1 § 1, the cleric shall transfer to the office of civil status before the expiry of five days from the day of the conclusion of the marriage; granting as a registered transfer to the Polish postal facility of the operator designated within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. of 2016 r. items 1113, 1250, 1823 and 1948) is equivalent to a transfer to the office of civil status. If the retention of that term is not possible due to force majeure, the time limit shall be suspended for the duration of the obstacle. When calculating the time limit, no account shall be taken of the days recognised by law as free of work.
Article 9. [ Life-threatening procedure] § 1. In the event of danger threatening directly the life of one of the parties, statements of marriage may be submitted immediately before the manager of the office of civil status without the submission or presentation of the documents necessary for the the marriage. However, and in this case, the parties are obliged to make sure that they do not know the existence of circumstances excluding the conclusion of a marriage.
§ 2. In the event of danger of the immediate life of one of the parties, the statements provided for in Article 1 § 2 may be submitted before the clergy without presentation of a certificate drawn up by the Head of the Civil State Office stating that there are no circumstances excluding the conclusion of marriage. In that case, the parties shall submit to the clerical assurance that they are not aware of the existence of circumstances excluding the conclusion of a marriage. The provisions of Article 4 1 § 3 and Art. 2 and Art. Paragraphs 2 and 3 shall apply mutatis mutandis.
Article 10. [ Age, annulment of marriage] § 1. No marriage can be made by a person who is not at the age of eighteen. However, for important reasons, the caring court may authorise the conclusion of a marriage to a woman who has completed the sixteen years, and the circumstances indicate that the marriage will be in line with the good of the established family.
§ 2. Cancellation of a marriage concluded by a man who has not completed the eighteen years, and by a woman who has not completed the sixteen years or without the permission of the court, entered into marriage after the age of sixteen, but before the age of 16 years Eighteen, he may demand each of the spouses.
§ 3. Marriage cannot be annulled on the grounds of the absence of a prescribed age, if the spouse before the claim of the action has reached that age.
§ 4. If a woman gets pregnant, her husband can't demand a marriage annulment on account of the lack of a prescribed age.
Article 11. [ Inertia] § 1. He can't get married to a person incapacitated completely.
§ 2. Insolemnity of marriage on the grounds of incapacitation may require each of the spouses.
§ 3. The marriage cannot be annulled on account of incapacitation, if the incapacitation has been repealed.
Article 12. [ Annulment of marriage due to mental illness or mental retardation] § 1. He can't get married to a person affected by mental illness or mental retardition. If, however, the state of health or the mind of such a person does not endanger the marriage or the health of the future offspring, and if the person has not been incapacitated completely, the court may authorise her to enter into marriage.
§ 2. Invalidation of marriage due to mental illness or mental retardation of one of the spouses may request each of the spouses.
§ 3. You can't invalidate a marriage because of a mental illness of one of your spouses after the disease has been established.
Article 13. [ Ban bigamii] § 1. He can't make a marriage, who's already in marriage.
§ 2. Invalidations of marriage on the grounds of the stay by one of the spouses in the previously married marriage may demand anyone who has a legal interest in that marriage.
§ 3. A marriage cannot be annulled on the grounds that one of the spouses has been married in the previous marriage, if the previous marriage has ceased or has been annulled, unless the marriage has ceased to have been terminated by the death of a person who has failed to do so. has entered into a remarriage while remaining in the previously married relationship.
Article 14. [ Annulment of marriage due to kinship or affinity] § 1. They cannot marry a marriage of relatives in a straight line, a siblings, or a straight line. However, for important reasons, the court may authorise the conclusion of marriage between the two of the obligations.
§ 2. Invalidations of marriage on account of kinship between spouses may demand anyone who has a legal interest in this.
§ 3. The annulment of a marriage on account of the affinity between spouses may require each of the spouses.
Article 15. [ Annulment of marriage on account of adoption ratio] § 1. They cannot marry each other's marriages, and they can be used.
§ 2. Invalidations of marriage on account of the relationship of adoption between spouses may demand each of the spouses.
§ 3. A marriage cannot be annulled on account of the relationship between spouses, if the relationship has ceased.
Article 15 1 . [ Defects of the declaration of will] § 1. A marriage may be annulled if a declaration of marriage or a declaration provided for in Article 1 § 2 has been submitted:
1) by a person who, for any reason, was in a condition exclusive of the conscious expression of will;
2) under the influence of error as to the identity of the other party;
3) under the influence of the unlawful threat of the other party or a third party, if the circumstances indicate that the claimant may have feared that he himself or another person is in danger of serious personal danger.
§ 2. The invalidity of the marriage due to the circumstances listed in § 1 may demand the spouse, who has made the statement affected by the defect.
§ 3. The cancellation of the marriage shall not be required six months after the cessation of the condition of the exclusive expression of will, from the detection of the error or the act of fear caused by the threat-and in any case after the expiry of the three years following the marriage.
Article 16. [ Plenipotentiary] In the event of marriage by a proxy holder, the holder may request the annulment of the marriage if the court has not been authorised to make a declaration of marriage by the proxy or if the power of attorney was invalid or effectively revoked. However, it is not possible for this reason to request the annulment of a marriage if the spouses have taken a common life.
Article 17. [ Annulment of marriage] Marriage may be annulled only for the reasons provided for by the provisions of the chapter of this chapter.
Article 18. [ Marriage of marriage] You can't invalidate a marriage after it's been set. However, this does not apply to invalidity because of the relationship between spouses and the fact that one of the spouses stayed at the time of the marriage in the previously married relationship.
Article 19. [ Annulment after the death of the spouse] § 1. If one of the spouses has brought an action for the annulment of a marriage, the annulment may also occur after the death of the second spouse, the place where the curator established by the court is instituted in the trial.
§ 2. In the event of the death of a spouse who has issued an action for the annulment of a marriage, the invalidity may be exercised by his or her descendants.
Article 20. [ Conclusion of marriage in bad faith] § 1. By ruling the annulment of a marriage, the court will also rule on whether and which of the spouses has entered into a marriage in bad faith.
§ 2. A spouse who, at the time of the marriage, knew about the circumstances giving rise to his or her annulment is considered to be the case in bad faith.
Article 21. [ Application of provisions of the Act] The consequences of the annulment of the marriage in respect of the relationship of spouses to the common children and the property relations between spouses shall be applied mutatis mutandis with divorce, with the spouse who has entered into a marriage in bad faith, He is treated as the spouse of the marriage.
Article 22. [ Attorney's powers] The application for annulment and the establishment or non-existence of a marriage may also be brought to the prosecutor's office.
SECTION II
Rights and obligations of spouses
Article 23. [ Equality of rights and obligations] The spouses have equal rights and obligations in marriage. They are bound to a common life, to mutual assistance and faithfulness, and to work together for the good of the family, which they have assumed.
Article 24. [ Resolving relevant family matters] The spouses shall decide together on the essential matters of the family; in the absence of an agreement, each of them may request the decision to be settled.
Article 25. [ Name of spouses] § 1. The surname that each of the spouses will carry after the marriage is made shall be determined by his statement made before the Head of the Civil State Office. The declaration may be made either immediately after the marriage has been concluded or before the head office of a civil state has drawn up a certificate stating that there are no circumstances in which the marriage is not exclusive.
§ 2. The married men may carry a common name, which is the name of one of them. Each of the spouses may also retain their previous name or combine with him the previous name of the other spouse. A name that is created as a result of a connection cannot consist of more than two members.
§ 3. If you do not make a statement on the name, each of your spouses retains their name.
Article 27. [ Satisfaction of family needs] Both spouses are required, each according to their forces and their economic and property opportunities, to contribute to satisfying the needs of the family, which they have assumed. The redress of this obligation may also consist, in whole or in part, on personal efforts to raise children and to work in a common household.
Article 28. [ Warrant for payment of remuneration to the other spouse] § 1. If one of the spouses remaining in the common loan does not fulfil the obligation to contribute to the needs of the family, the court may order that the remuneration for the work or other claims relating to that spouses be in the whole or in part paid to the hands of the second spouse.
§ 2. The order referred to in the preceding paragraph retains the power despite the cessation after its release of the joint surviving spouse. However, the court may, at the request of each of the spouses, amend or repeal it.
Article 28 1 . [ Use of the apartment of one of the spouses] If the right to an apartment is entitled to one spouse, the other spouse is entitled to use this apartment to meet the needs of the family. This provision shall apply mutatis mutandis to household appliances.
Article 29. [ Action on ordinary management matters] In the event of a temporary obstacle to one of the spouses remaining in the common loan, the other spouse may act as an ordinary management officer, and in particular may, without a power of attorney, charge the other spouses, unless the latter is a member of the Board of Directors. He or she is opposed to the spouse who is the subject of an obstacle. In respect of third parties, the opposition is effective if it is known to them.
Article 30. [ Liability of solidarity] § 1. Both spouses are jointly and severally liable for the commitments made by one of them in matters arising from satisfying the normal needs of the family.
§ 2. For important reasons, the court may, at the request of one of the spouses, decide that only the spouses who enlisted them are responsible for the above obligations. This provision may be waived in the event of a change of circumstances.
§ 3. In relation to third parties, the exclusion of joint and several liability shall be effective if they have been known to them.
SECTION III
Matrimonial property moods
Chapter I
Statutory property regime
Article 31. [ Statutory joint] § 1. As soon as a marriage is concluded, a property is created between the spouses under the Act (statutory partnership), consisting of the assets acquired during the time of the marriage by both spouses or by one of them (common property). Property items not covered by the statutory community belong to the personal property of each of the spouses.
§ 2. In particular, the common assets shall include:
1) collected remuneration for work and income from other gainful activities of each of the spouses;
2) income from common assets, as well as from personal property of each of the spouses;
3) funds collected in an account of an open or employee pension fund of each of the spouses;
4) the amounts of contributions collected on the sub-account referred to in art. 40a of the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963, as late. zm.).
Article 33. [ Personal property] The personal property of each of the spouses is:
1) property items acquired before the formation of statutory commonality;
2) property items acquired by inheritance, transcript or donation, unless the deceased or the donor has otherwise decided;
(3) property rights arising from the joint joint-law;
4) property items serving exclusively to satisfy the personal needs of one of the spouses;
(5) non-transferable rights which may be enjoyed by only one person;
(6) objects obtained from compensation for damage to the body or to a public health claim or compensation for a known harm; however, this does not affect the pension due to the victim's spouse due to the total or partial loss of the ability to earn earnings or to increase its needs or to reduce the views of success for the future;
7) claims on remuneration for work or for other gainful activities of one of the spouses;
8) property objects obtained from the title of the prize for the personal achievements of one of the spouses;
9) copyright and related rights, industrial property rights and other rights of the creator;
(10) property items acquired in exchange for the components of personal property, unless the special provision provides otherwise.
Article 34. [ Ordinary household items] The objects of a normal domestic appliance for the use of both spouses shall also be covered by the statutory community in the event that they have been acquired by inheritance, transcript or donation, unless the deceased or the donor has decided otherwise.
Article 34 1 . [ Co-possession of things] Each of the spouses shall be entitled to co-possess the items of the common property and to use them in so far as it is compatible with the co-ownership and the use of the items by the other spouse.
Article 35. [ Prohibition of claim for division of assets] In the course of the duration of the statutory partnership, none of the spouses may require a division of the common assets. It shall also not dispose of or undertake to dispose of a participation which, in the event of the cessation of the shares, of the common property or of the various items belonging to that property shall not be disposed of.
Article 36. [ The Management Board of the Common Property] § 1. Both spouses are required to co-operate in the joint wealth management board, in particular to provide each other with information on the state of the common property, the execution of the management of the management of the joint property and of the obligations incriminating the joint property.
§ 2. Each of the spouses may self-administer the common property, unless the provisions below provide otherwise. The execution of the Management Board shall cover the activities which relate to assets of the common assets, including those intended to preserve that property.
§ 3. Property items serving a spouse to pursue a profession or to pursue a gainful activity of the spouse shall be administered by himself. In the event of a temporary obstacle, the second spouse may carry out the necessary current operations.
Article 36 1 . [ Opposition of spouse] § 1. A spouse may object to the activity of the management board of a common interest intended by the other spouse, with the exception of activities in the day-to-day affairs of everyday life or in order to satisfy the normal needs of the family or undertaken within the framework of the gainful activity.
§ 2. Opposition shall be effective against a third party, if it has been able to familial itself with it before the legal action has been carried out.
§ 3. Article Recipe 39 shall apply mutatis mutandis.
Article 37. [ Consent of spouse] § 1. The consent of the second spouse is needed to make the following:
1) the legal action leading to the divestment, the burden, the paid acquisition of immovable property or perpetual usufruction, as well as leading to the devotion of the property for the use or collection of the loans from it;
2) the legal action leading to the divestment, the burden, the paid acquisition of the right in rem, the object of which is the building or the premises;
3) the legal action leading to the divestment, the burden, the paid acquisition and the lease of the agricultural holding or the undertaking;
4) donations from the common property, except for minor donations customarily adopted.
§ 2. The validity of the contract, which was concluded by one of the spouses without the required consent of the other, depends on the confirmation of the contract by the second spouse.
§ 3. The other party may designate a spouse whose consent is required, an appropriate time limit for the confirmation of the contract; it shall become free after the ineffective expiry of the prescribed time limit.
§ 4. A unilateral legal act without the required consent of the other spouse is invalid.
Article 38. [ Protection of third parties] If, on the basis of a legal act carried out by a single spouse without the required consent of the other third party, the person acquires the right or is exempted from the obligation, the provisions for the protection of persons who have carried out acts of good faith shall apply accordingly. legal with a person not authorized to dispose of the law.
Article 39. [ Permit of the court to perform the action] If one of the spouses refuses the consent required to perform the action, or if an agreement with him is difficult to overcome an obstacle, the other spouse may apply to the court to permit the action. The court shall grant an authorisation if the action requires the good of the family.
Article 40. [ Deprivation of the Management Board of the Common Property] For important reasons, the court may, at the request of one of the spouses, deprive the other spouse of a single board of directors of the common property; it may also decide that the action referred to in Article 4 is to be carried out. 37 § 1 instead of the consent of the spouse will be required a court authorisation. These provisions may be waived in the event of a change in circumstances.
Article 41. [ Satisfaction of the common property] § 1. If the spouse has made a commitment with the consent of the other spouse, the creditor may also be required to satisfy the property of the spouses.
§ 2. If the spouse has enlisted an obligation without the consent of the other spouse or the obligation of one of the spouses not to be apparent from the legal act, the creditor may demand the satisfaction of the personal property of the debtor, from the remuneration for the work or from the income obtained by the debtor from other gainful activities, as well as from the benefits obtained from his rights, referred to in art. 33 point 9, and if the claim arose in connection with the establishment of the undertaking, also from the assets of the company.
§ 3. If the claim arose before the formation of the commonality or concerns the personal property of one of the spouses, the creditor may demand the satisfaction of the personal property of the debtor, from the remuneration for the work or from the income obtained by the debtor from another gainful activity, as well as from the benefits obtained from his rights, referred to in art. 33 (9).
Article 42. [ The effects of the statute of property law] The creditor of the spouse may not, during the duration of the statutory partnership, require a participation which, in the event of the cessation of his or her spouse, of the spouse in the common property or of the various items belonging to that property.
Article 43. [ Shares in common property] § 1. Both spouses have equal shares in common assets.
§ 2. However, for important reasons, each of the spouses may require that the establishment of shares in the common property takes account of the extent to which each of them has contributed to the creation of this property. The heirs of the spouse may only request such a request in the event that the deceased has brought an action for the annulment of a marriage or a divorce or has applied for a judgment of separation.
§ 3. In assessing the extent to which each of the spouses contributed to the creation of the common assets, account shall also be taken of the personal work of raising children and the common household.
Article 45. [ Reimbursement of expenses and inputs] § 1. Each of the spouses should reimburses expenses and expenses incurred from the common property on his personal property, with the exception of the expenses and expenses necessary for property items bringing income. He may demand reimbursement of expenses and expenses he has made from his personal wealth to the common property. The reimbursement of expenses and inputs used to meet the needs of the family cannot be demanded, unless they have increased the value of the property at the time of the cessation of the commonality.
§ 2. The remission shall be carried out in the division of the common property; however, the court may order the earlier reimbursement if the good of the family so requires.
§ 3. The above provisions shall apply mutatis mutandis in the event that the debt of one of the spouses has been satisfied from the common property.
Article 46. [ Application of separate provisions] In the case of non-standard cases in the articles prior to the cessation of the statutory partnership to the property which was covered by it, as well as the distribution of that property, the provisions on the common assets of the succession and of the division of inheritance shall be applied accordingly.
Chapter II
Contractual asset moods
Division 1
General provisions
Article 47. [ Asset Contract] § 1. The spouses may, through an agreement concluded in the form of a notarial deed, extend or limit or establish a property separation or property separation with the alignment of the acquis (the property agreement). Such a contract may be preceded by a marriage.
§ 2. The marriage property contract may be amended or terminated. In the event of termination of the marriage, the law shall arise between spouses of the law, unless the parties have decided otherwise.
Article 47 1 . [ Efficacy to third parties] The spouse may rely on other persons for the marriage property contract when its conclusion and the type of marriage were known to those persons.
Division 2
Asset Common
Article 48. [ Contract Common] The provisions of common law shall apply, mutatis mutandis, to the provisions of the provisions of this branch, respectively.
Article 49. [ Property Agreement Boundaries] § 1. The matrimonial property cannot be extended to the following:
(1) property items which are attributable to the spouse in respect of inheritance, writing or donations;
2) property rights, which result from the joint share subject to separate provisions;
(3) non-transferable rights which may be enjoyed by only one person;
4) claims for compensation for damage to the body or the invocation of a health solution, provided that they do not enter into the statutory commonality, as well as claims for redress for the inflicted harm;
(5) undemanding claims of remuneration for the work or other gainful activities of each spouses.
§ 2. In the event of doubt, the subjects for the sole purpose of satisfying the personal needs of one of the spouses are not to be included in the common market.
Article 50. [ The claim arose before the extension of the commonality] If the claim arose before the extension of the joint, the creditor, whose debtor is only one spouse, may also require the payment of those property items which would have belonged to the personal property of the debtor, if the person concerned had been The assets were not extended.
Article 50 1 . [ Shares of spouses] In the event of a cessation of the shares, the shares of the spouses shall be equal, unless otherwise provided for in the matrimonial property contract. This provision does not exclude the application of Article 43 § 2 and 3.
Division 3
Asset Separation
Article 51. [ Contractual property separation] In the event of a contractual establishment of a property separation, each of the spouses retains both the assets acquired prior to the conclusion of the contract, as well as the assets acquired later.
Article 51 1 . [ Principle of self-governance] Each of the spouses manages their own assets.
Division 4
Asset Resolution with Acquis Alignment
Article 51 2 . [ Property Resolution with Alignment Of Acquis] The provisions on property separation shall be applied to the property distribution with the provisions of the acquis in accordance with this branch.
Article 51 3 . [ Dorobek] § 1. The acquis of each of the spouses is the increase in the value of his assets after the conclusion of the property contract.
§ 2. If the asset contract does not provide otherwise, the assets acquired prior to the conclusion of the property agreement and listed in Article shall be disregarded in the calculation of the acquis. 33 points 2, 5-7, 9 and items acquired in exchange for them, however, shall be added:
1) donations made by one of the spouses, excluding donations to common descendants, and minor customary donations to other persons;
2) services provided personally by one of the spouses in favour of the property of the second spouse;
(3) expenditure and expenditure on the property of one spouse in the property of the second spouse.
§ 3. The assets shall be calculated on the basis of the assets at the time of the settlement of the assets separation and at the time of settlement.
Article 51 4 . [ Alignment of the acquis] § 1. After the separation of the property of the spouse, whose acquis is smaller than that of the second spouse, he or she may require payment of the acquis by payment or transfer of the law.
§ 2. For important reasons, each of the spouses may demand a reduction in the obligation to equate the acquis.
§ 3. In the absence of an agreement between the parties as to the manner or amount of the compensation, the court shall decide.
Article 51 5 . [ Alignment in the case of death of a spouse] § 1. In the event of the death of one of the spouses, the alignment of the acquis is between his heirs and the spouses of the surviving spouse.
§ 2. The heirs of the spouse may request a reduction of the obligation to offset the acquis only if the deceased has issued an action for the annulment of a marriage or a divorce or has requested a decision of separation.
Chapter III
Compulsory property regime
Article 52. [ Compulsory property separation] § 1. For important reasons, each of the spouses may require the court to establish a property distribution.
§ 1a. The establishment of a court of separation of property may also require the creditor of one of the spouses if it is probable that the satisfaction of the claim established by the executive order requires the distribution of the property of the common spouses.
§ 2. The separation of property shall arise from the date marked in the judgment which establishes it. In exceptional cases, the court may establish a property separation from a date earlier than the day of the inaction, in particular, if the spouses lived in disconnection.
§ 3. The establishment of a property separation by the court at the request of one of the spouses does not exclude the conclusion by the spouses of the matrimonial property contract. If the property separation has been established at the request of the creditor, the spouses may enter into a matrimonial property agreement after the distribution of the property in common or after the creditor has obtained the security, or the satisfaction of the claim, or after three years after the establishment of the separation.
Article 53. [ Incapacitation and declaration of bankruptcy of the spouse] § 1. Property separation arises under the law, in the event of incapacitation or the announcement of the bankruptcy of one of the spouses.
§ 2. In the event of a waiver of incapacitation, as well as the remission, completion or repeal of the insolvency proceedings, the spouses shall arise between the spouses and the legal property.
Article 54. [ Separation] § 1. The separation of separation shall result between spouses of property separation.
§ 2. As soon as the separation is removed, the legal property is created between the spouses of the property. In accordance with the application of the spouses, the court shall rule on the dependants of the spouses of the property.
SECTION IV
Marriage Termination
Article 55. [ Recognition of the deceased] § 1. In the event of recognition of one of the spouses of the deceased, the marriage shall be presumed to have ceased from the moment that, in the judgment on the recognition of the spouse of the deceased, has been marked as the moment of his death.
(2) If, after recognition of one of the spouses of the deceased, the other spouse has entered into a new marriage, that relationship shall not be invalidated either because the surviving spouse is alive or that his death has taken place at a different time than the moment in time. marked in the decision on recognition of the deceased. This provision does not apply if, at the time of the conclusion of the new marriage, the parties knew that the spouse who had been declared dead is still alive.
Article 56. [ Grounds for divorce] § 1. If there has been a complete and permanent distribution between the spouses, each of the spouses may demand that the court dissolve the marriage by divorce.
§ 2. However, despite the full and permanent distribution of the divorce, divorce is not admissible if, as a result of it, the welfare of the married children of the spouses would suffer, or if, for other reasons, the decision of divorce would be contrary to the rules of the social coexistence.
§ 3. A divorce is also not admissible if the spouse is requested only by a surviving spouse, unless the other spouse agrees to divorce or that the refusal of his/her consent to divorce is in fact contrary to the principles of social coexistence.
Article 57. [ Judgment of the wine] § 1. By ruling the divorce, the court also adjusts whether and which of the spouses is to blame the distribution of the livelids.
§ 2. However, upon a lawful request of the spouses, the court will refrain from ruling on the wine. In this case, there are consequences such as if none of the spouses were to blame.
Article 58. [ Provisions of the judgment] § 1. In the judgment of the ruling divorce, the court resolves the parental authority over the child's common minor to both spouses and parents with the child and shall rule in which amount each of the spouses is obliged to bear the cost of living and child's education. The Tribunal shall take into account the written agreement of the spouses of the manner in which the parental authority is to exercise and to maintain contact with the child after the divorce, if it is compatible with the child's good. Siblings should be brought up together, unless the good of the child requires a different resolution.
§ 1a. In the absence of an agreement referred to in § 1, the court, having regard to the right of the child to be brought up by both parents, resolves the way in which the parental authority should be jointly executed and to maintain contact with the child after the divorce. The court may entrust the exercise of parental authority to one of the parents, limiting the parental authority of the other to the specified duties and powers in relation to the child's person, if the child's welfare is in favour of it.
§ 1b. On the basis of the parties ' request, the court does not rule on the holding of contacts with the child.
§ 2. If the spouses occupy a common apartment, the court in the divorce judgment also adjusts the use of this apartment for the duration of the joint residence of the divorced spouses. In exceptional cases, where one of the spouses of its grossly reprehensible conduct prevents joint residence, the court may order its evictions to be evicted by the second spouse. On the basis of a request from the parties, the court may also decide, in the judgment of the court, to decide whether or not to grant an apartment to one of the spouses if the other spouse consents to his or her leave without providing a replacement, and a replacement room, provided that the division or its allocation to one of the spouses is possible.
§ 3. At the request of one of the spouses, the court may, in the judgment of the ruling body, distribute the common property if the conduct of that division does not result in excessive delay in the proceedings.
§ 4. By ruling on a shared apartment of the spouses, the court shall take into account in particular the needs of the children and the spouse entrusted with the exercise of parental authority.
Article 59. [ Back to previous name] Within three months of the moment of entitlement to a divorce decision, the divorced spouse who has changed his name as a result of marriage may, by a statement made before the Head of the Office of Civil State or the Consul. to return to the name he wore before the marriage.
Article 60. [ Obligation of maintenance] § 1. A divorced spouse who has not been found guilty of a livelihood and who is in scarcity may demand that the other spouse divorced the delivery of the means of subsistention to the extent justified by the needs of the divorced of the holder and of the commercial and property rights of the obliged person.
(2) If one of the spouses has been found guilty of a living distribution only and the divorce entails a significant deterioration in the material situation of the spouse of an innocent person, the court may, at the request of the innocent's spouse, rule that the spouse shall only be obliged to do so by the it is to contribute to the proper extent of satisfying the justifiable needs of the spouse of the innocent, even though it is not in the scarcity.
§ 3. The obligation to provide means of subsistention to a divorced spouse expires in the event of the conclusion of a new marriage by that spouse. However, where the debtor is a divorced spouse who has not been found guilty of the distribution of his life, that obligation shall also expire on the expiry of five years of the decision of the divorce, unless, on exceptional circumstances, the court, at the request of the rightholder, is obliged to do so. shall extend the term of five years.
Article 61. [ Application of provisions of the Act] Subject to the provision of an article prior to the obligation to provide means of subsistence by one of the spouses divorced to another, the provisions on the maintenance obligation between relatives shall apply accordingly.
CHAPTER V
Separating
Article 61 1 . [ Separation conditions] § 1. If there has been a full distribution of the living between the spouses, each of the spouses may demand that the court rule out a separation.
§ 2. However, despite the complete distribution of the term of life, the decision of the separation shall not be admissible if, as a result of it, the good of the married children of the spouses would suffer, or if, for other reasons, the judgment of separation would be contrary to the social coexistence.
§ 3. If the spouses do not have a child of a child, the court may decide to rule on the basis of a lawful request for the spouses.
Article 61 2 . [ Divorce ruling] § 1. If one of the spouses requests a separation order and the second sentence of the divorce and the request is justified, the court will rule the divorce.
§ 2. However, if the decision of the divorce is not admissible and the request of the decision of separation is justified, the court shall adjudicate the separation.
Article 61 3 . [ Separation ruling] § 1. When the separation is decided, the provisions of Article 1 shall apply. 57 and Art. 58.
§ 2. By waiving the separation on the basis of a lawful request of the spouses, the court does not rule on the blame of the distribution of the living. In this case, there are consequences such as if none of the spouses were to blame.
Article 61 4 . [ Consequences of separation award] § 1. The ruling of the separation has effects such as the termination of marriage by divorce, unless the law provides otherwise.
§ 2. A married couple cannot enter into marriage.
§ 3. If reasons of equity so require, spouses remaining in separation are required to assist each other.
§ 4. The obligation to provide means of subsistence by one of the spouses remaining on the other shall be subject to the provisions of Article 4 (1). 60, except § 3.
§ 5. Article Article 59 does not apply.
Article 61 6 . [ Elimination of separation] § 1. In accordance with the request of the spouses, the court shall rule on the removal of separation
§ 2. Once the separation has been removed, it will have its effects.
§ 3. By abolishing the separation, the court resolves the parental authority over the joint minor child of the spouses.
Title II
Kinship and Affinity
SECTION I
General provisions
Article 61 7 . [ Krewni in straight and side lines] § 1. Relatives in the straight line are people, one of whom comes from the other. Relatives in the sidelines are people who come from a common ancestor, and are not relatives in a straight line.
§ 2. The degree of kinship shall be determined according to the number of births resulting from the birth of the relationship.
Article 61 8 . [ Affinity] § 1. Marriage is a result of the affinity between the spouse and the relatives of the other spouse. It continues despite the cessation of marriage.
§ 2. The line and degree of affinity are determined according to the line and degree of kinship.
SECTION IA
Parents and children
Chapter I
Origin of child
Division 1
Maternity
Article 61 9 . [ Mother of the child] The mother of the child is the woman who gave birth to them.
Article 61 10 . [ Appointment of Maternity] § 1. If the birth certificate of a child of unknown parents or the maternity of a woman entered in the child's birth certificate as his mother has been denied, a maternity determination may be requested.
§ 2. The application for maternity determination shall be issued by the child against the mother and, if the mother is dead, against the probation officer established by the procurator.
§ 3. The mother is setting up an action to establish motherhood against the child.
Article 61 11 . [ Restriction of action] A mother cannot bring an action to establish maternity after the child reaches the age of age.
Article 61 12 . [ Leadership of Maternity Denial] § 1. If the birth certificate is entered as the mother of a woman who has not given birth, a denial of maternity may be required.
§ 2. The application for the denial of motherhood shall be issued against a woman inscribed in the birth certificate of the child as his mother, and if the woman is not alive, against the probation officer established by the procurator.
§ 3. The mother is an action against a woman inscribed in the birth certificate of the child as his mother and against the child, and if the woman is dead-against the child.
§ 4. A woman entered in the birth certificate of a child as his mother attaches an action against the child.
§ 5. A man whose fatherhood has been established taking into account the maternity of a woman inscribed in the birth certificate of a child as his mother is given an action against the child and that woman, and if she is dead-against the child.
Article 61 13 . [ The date for the application of the action for the denial of maternity] § 1. A mother or woman entered in the birth certificate of a child as his mother may have an action to deny her maternity within six months of the date of the child's birth certificate.
§ 2. A man whose paternity has been established taking into account the maternity of a woman inscribed in the birth certificate of a child as his mother may have brought an action to deny maternity within six months from the day he learned that the woman entered in the child's birth certificate is not the mother of the child, but not later than for the child's age of age.
§ 3. The provisions of Article 4 64 and 65 shall apply mutatis mutandis.
Article 61 14 . [ Bringing up a child's action] § 1. A child may have an action to deny maternity leave within three years of reaching the age of age.
§ 2. Rules of Art. 64 and 65 shall apply mutatis mutandis.
Article 61 15 . [ Bringing the action in the event of the death of the child] The determination and denial of motherhood is not permissible after the death of a child. However, in the event of the death of a child who has brought an action, maternity arrangements may be brought down by his or her descendants.
Article 61 16 . [ Bringing up an action by the procurator] An action to establish or deny maternity may also be brought by a prosecutor if the good of the child so requires or the protection of the social interest; the inaction to deny maternity shall not be permissible after the death of the child.
Division 2
Paternity
Article 62. [ Presumption of origin of the child] § 1. If the child was born during the duration of the marriage, or before the end of the three hundred days after his or her termination or invalidity, it is presumed that it was from the mother's husband. This presumption shall not apply if the child has been born after the expiry of the three days of the decision of separation.
§ 2. If the child was born before the end of the three hundred days after the cessation or cancellation of the marriage, but after the mother had entered into a second marriage, it is presumed to have been from her second husband. This presumption does not apply to the case when the child was born following a medically assisted procreation procedure, to which the mother's first husband was consented.
§ 3. These presumption can only be refuted as a result of an action for the denial of the paternity.
Article 63. [ Leadership of the denial of paternity] A mother's husband may have brought an action to deny paternity within six months of the day he learned of the birth of a child by his wife, but not later than to reach by the child of the age of fullness.
Article 64. [ Incapacitation of the mother's husband] § 1. If the husband of the mother has been completely incapacitated by a mental illness or other psychiatric disorder that has been taken within the period to be brought to an action for the denial of his paternity, an action may be taken by his or her representative. statutory. The time limit for bringing an action shall be six months from the date of the establishment of the statutory representative, and if the representative has received the message of the birth of the child only later than six months after the date on which the message has taken place.
§ 2. If the statesman of a fully incapacitated husband has not brought an action for the denial of his paternity, the husband may take the action after the withdrawal of the incapacitation. The deadline for bringing an action is in this case six months from the date on which the incapacitation was set aside, and if the husband had made a message about the birth of the child only later, six months after the date on which that message was taken.
Article 65. [ Psychiatric disorders] If a mother's husband has been diagnosed with a mental illness or other psychiatric disorder within the period until the claim of paternity is incapacitated, and despite the existence of grounds for total incapacitation, he has not been incapacitated, maybe he apply the action within six months of relying on the disease or disorder, and when the message of the child's birth has taken place only later, within six months of the date on which the message was taken up.
Article 66. [ The defendants in the denial of paternity] A mother's husband should have brought an action to deny paternity against the child and mother, and if the mother is dead-against the child.
Article 67. [ Denial of paternity] The denial of paternity follows the demonstration that the husband of the mother is not the father of the child.
Article 68. [ The inadmissibility of the denial of paternity] The denial of paternity is not acceptable if the child was born following a medically assisted procreation procedure, to which the mother's husband gave his consent.
Article 69. [ The child's mother's claim to the action] § 1. A mother can bring an action to deny her husband's paternity within six months of the birth of a child.
§ 2. The mother should have an action to deny paternity against her husband and child, and if the husband is dead-against the child.
§ 3. The provisions of Article 4 64 and 65 shall apply mutatis mutandis.
Article 70. [ Children's authority] § 1. The child after reaching the age of age may have an action to deny the paternity of her mother's husband, but not later than three years after the attainment of the age of age.
§ 2. The child should bring an action against the husband of his mother and mother, and if the mother is dead-against her husband. If the mother's husband is dead, the plaintiff should be brought against the curator established by the guardianal court.
§ 3. The provisions of Article 4 64 and 65 shall apply mutatis mutandis.
Article 72. [ Determination of paternity] § 1. If there is no presumption that the father of the child is the husband of his mother, or when such presumption has been refuted, the determination of paternity may be effected either by the recognition of paternity or by the decision of the court.
§ 2. The recognition of paternity must not occur if there is a matter of determination of paternity.
Article 73. [ Special ways for the child] § 1. Recognition of paternity takes place when the man from whom the child comes, declares before the manager of the civil status office that he is the father of the child, and the child's mother will confirm simultaneously either within three months of the date of the man's statement that the father of the child is the man.
§ 2. The Head of the Office of Civil State shall explain to persons intending to make statements necessary for the recognition of the paternity of the provisions governing the obligations and rights resulting from the recognition, the provisions of the child's name and the difference between the recognition of paternity and adoption of the child.
§ 3. The Head of the Office of Civil State shall refuse to accept the statements necessary to recognise the paternity if the recognition is inadmissible or if the child's provenance has been questioned.
§ 4. Recognition of paternity may take place also before a court of care, and abroad also before the Polish consul or a person appointed to perform the functions of a consul, if the recognition concerns a child, both of whom the parents or one of them are Polish citizens. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis.
Article 74. [ Logging of the statement necessary for the recognition of paternity] § 1. In the event of danger of the immediate life of the mother of the child or of the man from whom the child originates, the declaration necessary for the recognition of the paternity may be recorded by a notary or submitted to the protocol to the mayor (the mayor, the President of the city), the starosty, the Marshal of the Voivodeship, the Secretary of the County or the Municipality. The provisions of Article 4 73 § 1-3 shall apply mutatis mutandis.
§ 2. The minutes shall be signed by the person who accepted the declaration and the person who made it, unless he/she cannot sign it. The reason for the lack of signature is to be reported.
§ 3. The protocol containing the declaration necessary for the recognition of the paternity should be immediately forwarded to the office of civil status competent to draw up the birth certificate of the child.
§ 4. If the declaration necessary for the recognition of the paternity was submitted before the birth of the child conceived but not born, the minutes containing that statement shall be forwarded to the office of civil status due to the place where the act was drawn up birth of the mother of the child or to the civil status office competent for the capital city of Warsaw-when the birth registration of the mother did not occur in the territory of the Republic of Poland.
Article 75. [ Recognition of paternity before the birth of a conceived child] § 1. You can consider paternity before the birth of a child already conceived.
§ 2. If the child was born after the mother had entered into marriage with another man than the one who recognized the paternity, the provision of art. 62 does not apply.
Article 75 1 . [ Recognition of the paternity of a child born following a medically assisted procreation procedure] § 1. The recognition of paternity shall take place on the date of birth of the child, also if, prior to the transfer to the organism, women of reproductive cells from the anonymized donor or the embryo produced from the anonymized donor cells or by the donor or A man's embryo donation will declare before the manager of the civil status office that he will be the father of a child who will be born following a medically assisted procreation procedure using these cells, or that embryo, and the woman will confirm that she will be a father of a child. at the same time or within three months of the date of the man's statement that the father the child will be the man.
§ 2. The certificates are effective if the child was born following the medically assisted procreation procedure referred to in § 1, within two years from the date of submission of the statement by the man.
§ 3. If the child was born after the mother had entered into marriage with a man other than the one who recognised the paternity, the provision of art. 62 does not apply.
§ 4. Art. 73 § 1 and 4 and art. 74 does not apply.
Article 76. [ Limitations of recognition of paternity] § 1. The recognition of paternity shall not take place after the child has reached the age of age.
§ 2. If a child has died before reaching the age of age, the recognition of paternity may take place within six months of the date on which the man making the declaration of recognition has learned of the child's death, but not later than the date on which he/she the child would have reached the age of age.
Article 77. [ Permission to make a declaration of paternity recognition] § 1. The declaration necessary for the recognition of the paternity may file a person who has completed sixteen years and there are no grounds for her complete incapacitation.
§ 2. The person referred to in § 1, if he does not have full legal capacity, may make a declaration necessary for the recognition of the paternity only before the procurator court.
Article 78. [ The application for the determination of the imeffectiveness of the recognition of paternity] § 1. A man who has recognised paternity may have an action to establish the ineffectiveness of the recognition within six months of the date on which he learnthat the child did not originate from him. In the event of a paternity recognition before the birth of a child, the already conceived course of that term must not begin before the birth of the child.
§ 2. Rules of Art. 64 and 65 shall apply mutatis mutandis.
Article 79. [ Application of provisions to mother confirming paternity] The provisions on the determination of the impractical recognition of paternity shall apply mutatis mutandis to the mother of the child who has confirmed the paternity.
Article 80. [ Appointment after child's fullness of age] Once the child has reached the age of age, an action to establish the impractical recognition of paternity shall not be carried out either by the mother of the child or by a man who has recognised paternity.
Article 81. [ Request to determine the imeffectiveness of paternity recognition] § 1. A child may demand the determination of the impractical recognition of paternity if the recognition of a man is not his/her father.
§ 2. The request for this child may occur after reaching the age of age, but not later than three years after its attainment.
§ 3. The provisions of Article 4 64 and 65 shall apply mutatis mutandis.
Article 81 1 . [ The determination of the impractical recognition of paternity] Where the recognition of paternity took place on the basis of art. 75 1 A finding of inefficiency of the recognition of paternity shall be permitted only if the child has not been born following a medically assisted procreation procedure referred to in Article 4 (1) of the Regulation. 75 1 § 1.
Article 82. [ The application for the determination of the inefficiency of recognition] § 1. A man who has recognised paternity is an action against the child and his mother, and if the mother is dead, against the child.
§ 2. The mother excels an action to determine the impractical recognition of the paternity against the child and the man who recognized the paternity, and if the man is dead-against the child.
§ 3. The child exerts an action to establish the impractical recognition of the paternity against a man who has recognized paternity and against the mother, and when the mother is dead-only against this man. If this man is dead, the action should be brought against the probation officer established by the court of care.
Article 83. [ Recognition of paternity after the death of a child] § 1. After the death of the child, the determination of the impractical recognition of paternity is not acceptable
§ 2. If the recognition of paternity takes place after the death of the child, the provisions of the art shall apply accordingly. 82 (1) and (2), with the result that the action should be brought no later than the date on which the child would have reached the age of age, against the curator established by the court of care in place of the child.
Article 84. [ Judicial determination of paternity] § 1. The forensic findings of the paternity may demand the child, his mother, and the child's alleged father. However, neither the mother nor the alleged father can request such a request after the death of the child, or when they have reached the age of full age.
§ 2. The child or mother exerts an action to establish a paternity against an alleged father, and when he is dead-against a probation officer established by a guardianship court.
§ 3. The child's alleged father is stepping up a paternity claim against the child and the mother, and when the mother is dead-against the child.
§ 4. In the event of the death of a child, which was the cause of the determination of paternity, the findings may assert his insistence.
Article 85. [ Presumption of Fatherhood] § 1. The child's father shall be presumed to be the one who has been with the mother of the child no longer than in the three-hundredths, and not later than one hundred and eighty-first day before the birth of the child, or who was the donor of the reproductive cell in the case of the child which was born as a result of a partner donation in a medically assisted procreation procedure.
§ 2. The fact that the mother has also alienated with another man during this period can be the basis for the overthrow of the presumption only when, in the circumstances, the fatherhood of another man is more likely.
Article 86. [ Bringing up an action by the procurator] An action to establish or deny paternity and to establish the impractical recognition of paternity may also include a prosecutor if the good of the child so requires or the protection of the social interest; the inaction of the denial of paternity and of the determination of the impractical recognition of paternity shall not be permissible after the death of the child. If the recognition of paternity took place after the death of the child, the procurator may bring an action to establish the ineffectiveness of the recognition.
Chapter II
Relations between parents and children
Division 1
General provisions
Article 87. [ Obligation of parents and children] Parents and children are obliged to respect and support each other.
Article 88. [ Statement on the name of the child] § 1. A child who is presumed to be from a mother's husband bears a surname as the name of both spouses. If the spouses have different names, the child bears the name indicated in their matching statements. The spouses may indicate the name of one of them or the name created by the combination of the mother's name with the child's father's name.
§ 2. The statements on the name of the child shall be submitted simultaneously with the statements of the names which will be worn by the spouses. If the spouses did not submit a matching statement on the child's name, it bears the name consisting of the mother's name and the father's name attached to it.
§ 3. In the preparation of the birth certificate of the first joint child, the spouses may submit in advance to the manager of the civil state in accordance with the declaration of amendment of their child's name or the statements referred to in § 1, if the name of the child is the child was not indicated by them.
§ 4. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the name of the child whose parents have entered into marriage after the child's birth. To change the name of a child whose parents have entered into marriage after the child has completed thirteen years of age, his consent is needed.
Article 89. [ Name of the child] § 1. If the paternity has been determined by recognition, the child bears the name indicated in the lawful statements of the parents, submitted at the same time as the statements necessary for the recognition of paternity. Parents may indicate the name of one of them or the name created by the combination of the name of the mother with the child's father's name. If the parents did not submit a matching statement on the child's name, it bears the name consisting of the mother's name and the father's name attached to it. To change the name of a child who, at the time of recognition, has already completed thirteen years, is required by his consent.
§ 2. In the event of a judicial finding of paternity, the court shall give the child a name in the judgment setting out the paternity, applying the provisions of § 1 accordingly. If the child has completed thirteen years, his/her consent is needed to change his name.
§ 3. If paternity has not been established, the child bears the mother's name.
§ 4. A child of unknown parents is given a court-care court.
Article 89 1 . [ The names of children coming from the same parents] Children from the same parents shall bear the same name, subject to the provisions which require his or her consent to change the name of the child.
Article 90. [ Give the child the name of the mother's husband] § 1. If the mother of a minor child has entered into marriage with a man who is not the father of that child, the spouses may submit to the manager of the civil status office or prior to the consul in accordance with the statement that the child will bear the same name, which according to art. 88 wears or would carry their child together. To change the name of a child, which has completed thirteen years, is needed by his consent.
§ 2. The giving of the child of the name referred to in § 1 shall not be admissible if it bears the name of the father or the surname formed on the basis of the lawful statements of the child's parents by the combination of the mother's name with the child's father's name.
§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis where the father of a minor child has entered into a marriage with a woman who is not the mother of that child.
Article 90 1 . [ Composition of child's name from the combination of father and mother's name] The name of the child formed by the combination of the name of the mother with the child's father's name or by combining the name of one of the parents with the name of his/her spouse, from whom the child does not come from, may not consist of more than two members; the name of the child the name of the child shall be the first of the names of the persons to be combined, unless the name of the person in question is identical.
Article 91. [ Obligations of the child] § 1. A child who has income from his or her own work should contribute to the cost of living in the family if he/she lives with his parents.
§ 2. The child who remains dependent on parents and who lives in them is obliged to assist them in the common farm.
Division 2
Parental authority
Article 92. [ Duration of parental authority] The child remains until the age of age under parental authority.
Article 93. [ Spouses ' Authority] § 1. Parental authority is entitled to both parents.
§ 2. If the welfare of the child so requires, the court in the judgment determining the child's origin may rule on the suspension, limitation or deprivation of the parental authority of one or both of the parents. The provisions of Article 4 107 and art. 109-111 shall apply mutatis mutandis.
Article 94. [ Favor of parental authority to one of the parents] § 1. If one of the parents is dead, or if there is no full legal capacity, the parental authority is entitled to a second parent. The same applies to an accident where one of the parents has been deprived of parental authority or when his parental authority has been suspended.
§ 2. (repealed)
§ 3. If no parent is entitled to parental responsibility or if the parents are unknown, a child shall be provided with care.
Article 95. [ Scope of parental authority] § 1. The parental authority shall, in particular, include the obligation and the right of parents to take care of the person and property of the child and to raise a child with respect for his or her dignity and rights.
§ 2. The child under parental authority shall be guilty of obedience, and in cases where he or she may make decisions and make statements of his will, he should listen to the opinions and recommendations of the parents formulated for the good of his/her good.
§ 3. The parental authority should be exercised as it requires the welfare of the child and the social interest.
§ 4. Parents should listen to the decision on more important matters concerning a person or property of the child, if the mental development, the state of health and maturity of the child permits, and take into account, as far as possible, his or her reasonable ability to Wishes.
Article 96. [ Education of the child] § 1. Parents raise a child under their parental authority and guide it. They are obliged to care for the physical and spiritual development of the child and to prepare them properly for the work of the good of society according to his or her ability.
§ 2. Parents who do not have full legal capacity participate in the exercise of the current care of the person of the child and in his upbringing, unless the procuring court on the grounds of the child's welfare decides otherwise.
Article 96 1 . [ Prohibition of corporal punishment] Persons exercising parental authority and exercising care or care for minors shall be prohibited from applying corporal punishment.
Article 97. [ Responsibilities of parents] § 1. Where the parental authority is entitled to both parents, each of them shall be obliged and entitled to exercise it.
§ 2. However, on relevant matters of the child, the parents shall decide jointly; in the absence of an agreement between them shall settle the protective court.
Article 98. [ Representation of the child] § 1. Parents are the legal representatives of a child under their parental authority. If the child remains under the parental authority of both parents, each of them can act independently as a statutory representative of the child.
§ 2. However, none of the parents can represent the child:
1) with the legal actions between children under their parental authority;
2) with legal acts between the child and one of the parents or his/her spouse, unless the legal act consists of free of charge for the child's benefit or that it concerns the child's due from the second of the parents of means of subsistence and upbringing.
§ 3. The provisions of the preceding paragraph shall apply mutatis mutandis in the proceedings before a court or other state body.
Article 99. [ Curator] If none of the parents can represent the child under parental authority, they shall be represented by the probation officer established by the procurator.
Article 100. [ Help of State authorities] § 1. The procuring court and other public authorities shall be obliged to assist parents if it is needed for the proper exercise of the parental authority. In particular, each of the parents may ask the court of care to take the child away from the unauthorised person, and to ask the procurator or other competent authority of the public authority to provide the child with a replacement roast.
§ 2. In the cases referred to in paragraph 1, the caring court or other public authorities shall notify the organisational unit of the promotion of the family and the foster care system, within the meaning of the provisions on the promotion of the family and the system of foster care, of the need for provide adequate assistance to the child's family. The competent organisational unit for the promotion of the family and replacement roasting system shall be required to inform the court of the types of assistance provided and the results thereof.
Article 101. [ The Executive Board of the Child] § 1. Parents shall be obliged to exercise due diligence the management of the property of the child under their parental authority.
§ 2. The executive board of the parents shall not include the earnings of the child nor the objects given to him for free use.
§ 3. Parents may not, without the permission of a guardianer, carry out activities exceeding the scope of the ordinary management board or consent to the child's activities.
Article 102. [ Management Restrictions] In the donation contract or in the will, it is possible to stipulate that the items per child for donations or testaments will not be covered by the board of parents. In such a case, when the donor or the deceased did not appoint a liquidator, it shall exercise the management of the curator established by the guardianship court.
Article 103. [ Use of children's income] Pure income from the estate of the child should be primarily turned into the maintenance and upbringing of the child and his siblings, which are brought up together with him, and the surplus on other legitimate needs of the family.
Article 104. [ Inventory of the child's property] § 1. The caring court may order the parents to draw up the child's assets and submit it to the court and notify the court of major changes in the state of the property, in particular the child's acquisition of the property of a significant amount of property. values.
§ 2. The caring court may, in justified cases, determine the value of the Regulations on movable, money and securities, the child or parents of which can make each year without the permission of a guardianship court, subject to Art. 103.
Article 105. [ Management Board] After the management of the board, the parents are obliged to give the child or his/her legal representative the child's property under the responsibility of the child. At the request of the child or his statutory representative, notified before the end of the year from the statute of the Management Board, the parents are obliged to submit the account from the Management Board. However, this request shall not relate to income from property collected during the exercise of the parental authority.
Article 106. [ Amendment of the decision on divorce] If the welfare of the child so requires, the procuring court may change the judgment of the parental authority and the manner in which it is executed in the judgment of the divorce, the separation or annulment of the marriage, or the determining of the child's origin.
Article 107. [ Entruning the parental authority to one of the parents] § 1. If the parental authority is entitled to both parents living in the disconnection, the procuring court may, for the interests of the child, determine the way in which it is to be performed and to maintain contact with the child. The court leaves the parental authority to both parents if they have agreed with the child's good written agreement on how to exercise the parental authority and maintain contact with the child. Siblings should be brought up together, unless the good of the child requires a different resolution.
§ 2. In the absence of an agreement referred to in § 1, the court, having regard to the right of the child to be brought up by both parents, resolves the way in which the parental authority is jointly executed and kept in contact with the child. The court may entrust the exercise of parental authority to one of the parents, limiting the parental authority of the other to the specified duties and powers in relation to the child's person, if the child's welfare is in favour of it.
§ 3. On the basis of the parties ' request, the court does not rule on the holding of contacts with the child.
Article 108. [ Child incapacitated completely] Parents who exercise parental authority over a child incapacitated completely shall be subject to such restrictions as to the guardian.
Article 109. [ Management to protect the good of the child] § 1. If the good of the child is at risk, the procuring court will issue the appropriate order. § 2. The procuring court may in particular:
1) to oblige parents and minors to the particular proceedings, in particular to work with the family assistant, to carry out other forms of work with the family, to direct the minor to the daily support facility, as defined in the rules on support family and foster care systems or direct parents to a facility or specialist in family therapy, advice or family provision of other appropriate assistance, while at the same time indicating how to control the implementation of the orders issued;
2) determine which activities may not be carried out by the parents without the permission of the court or subject to the parents to the other restrictions to which the guardian is subject;
3) submit to the exercise of the parental authority to the permanent supervision of the probation officer;
4. direct a minor to an organisation or institution set up for the preparation of a professional or other part of a child's part-care;
(5) to order the placement of a minor in the foster family, the child's family home or in an institutional replacement, or to entrust provisionally the function of the foster family to the spouses or to the person who does not meet the conditions for families substitute, in the area of the necessary training, as laid down in the rules on the promotion of the family and system of replacement care, or to order the placement of a minor in a care and care facility, in the care and care establishment or in the establishment medical rehabilitation.
§ 3. The caring court may also entrust the management of the property of a minor to the curator established for that purpose.
§ 4. In the case referred to in § 2 (5), and in the case of the application of other measures laid down in the rules on the promotion of the family and the replacement furnace system, the procuring court gives notice of the decision of the competent organisation of the promotion of the family and foster care system, which gives the family of the minor the appropriate assistance and submits reports on the situation of the family and the assistance granted, within the time limits laid down by that court, including the work carried out in the family, and also cooperates with the court curator.
Article 110. [ Suspension of parental authority] § 1. In the event of a temporary obstacle to the exercise of the parental authority, the procuring court may decide to suspend it.
§ 2. The suspension will be lifted when its cause falls off.
Article 111. [ Deprivation of parental authority] § 1. If the parental authority cannot be exercised because of a permanent impediments, or if the parents abuse the parental authority or in a manner which is blatant neglecting their obligations towards the child, the procurator shall deprive the parental authority of the parental authority. The deprivation of parental authority can also be adjudicated against one of the parents.
§ 1a. The court may deprive parents of parental authority if, despite the aid granted, the reasons for the application of the Article have not been established. 109 § 2 point 5, and in particular when parents are permanently not interested in the child.
§ 2. In case of cessation of the cause, which was the basis of deprivation of parental authority, the caring court can reinstal the parental authority.
Article 112. [ Ruling on the deprivation or suspension of parental authority] The deprivation of parental authority or suspension of the parental authority may also be adjudicated in a judgment which adjudicates divorce, separation or marriage annulment.
Division 2a
Foster care
Article 112 1 . [ The operator responsible for carrying out the current roasting of the child placed in the roast furnace] § 1. Obligation and right to carry out the current child care:
1) placed in foster care, his upbringing and representation in these matters, and in particular in the investigation of the benefits intended to meet his/her needs, belong to the foster family, who is leading the family home of the child or the driver of the a care and educational institution, a regional care and therapeutic centre or an intervention preadoptive centre;
2) deprived of the care and education of parents placed in the care and care facility, in the care and care establishment or in the facility of medical rehabilitation, his upbringing and representation in these cases, and in particular in the investigation benefits to meet his/her needs belong to a caretaker, care-and care establishment or a medical rehabilitation plant.
The other duties and rights deriving from the parental authority belong to the child's parents.
§ 2. The provision of § 1 shall not apply if the procuring court decides otherwise.
Article 112 2 . [ Reference to provisions on the promotion of the family and replacement furnace system] Organisation, operation and financing of foster families, child family homes, care and educational establishments, regional care and therapeutic centres and interventional preadoptive centres and rules governing criteria the age of children placed in these establishments and centres regulate the promotion of the family and the system of replacement roast.
Article 112 3 . [ Conditions for placement of the child in replacement furnace] § 1. The placement of the child in foster care may take place only if the other measures provided for in the Article have been applied in advance. 109 § 2 points 1-4 and the forms of assistance to the parents of the child referred to in the provisions on the promotion of the family and the system of foster care, did not lead to the removal of the risk of the child's benefit, unless the need to provide the child with care without delay The replacement is due to the serious threat of the child's good, in particular the threat of his life or health.
§ 2. The placement of a child in foster care against the will of parents solely due to poverty is not permissible.
Article 112 4 . [ The period for which the child is placed in a replacement furnace] The child shall be placed in foster care until such time as conditions permitting his return to the family or to be placed in an adoptive family shall be provided.
Article 112 5 . [ Entities authorised to exercise replacement furnace furnaces] § 1. The Tribunal may entrust the exercise of custody to the spouses or to the non-married person who is either a preliminary or a child's siblings. The court may also entrust to the spouses or the non-married person who is not an initial or sibling of the child, if those persons are entered in the register of persons who are eligible for the term of office of a child who is not married family foster care, foster care, family home, or a foster family or foster care family, and family home.
§ 2. If this is justified by the good of the child, the court may temporarily, however, not longer than 6 months, entrust the full function of the foster family to the spouses or the non-married person who is not a preliminary or siblings child, not fulfilling the condition of the necessary training, as laid down in the rules on the promotion of family and foster care system, concerning foster families.
Article 112 6 . [ Entities entitled to foster care for a child with a disability ruling] A substitute for a child with a disability or a moderate or significant degree of disability shall be entrusted primarily with the foster care family.
Article 112 7 . [ Placement of a child in an institutional replacement furnace] § 1. The court shall place the child in an institutional replacement, if there is no possibility of placement of the child in a foster family or for other important reasons it is not appropriate.
§ 2. As far as possible, the court shall place the child in foster care in the district of the child's place of residence.
Article 112 8 . [ Placing siblings in an institutional replacement furnace] Siblings should be placed in the same foster family, the child's family home, a care-educational establishment or a regional care and therapeutic care facility, unless this would be contrary to the good of the child.
Division 3
Contacts with the child
Article 113. [ Contact with child] § 1. Regardless of parental authority, parents and their child have the right and the obligation to maintain contacts with each other.
§ 2. Contacts with the child include, in particular, staying with the child (visits, meetings, taking the child out of the place of his habitual residence) and direct communication, keeping correspondence, using other means distance communication, including electronic means of communication.
Article 113 1 . [ Specifies how to maintain contact with the child] § 1. If the child is permanently in one of the parents, the way in which the child is kept in contact with the child shall be determined jointly by the parents, acting on the basis of the child's good wishes and taking into account his reasonable wishes; in the absence of the agreement, the court shall decide on the caring.
§ 2. The provisions of § 1 shall apply mutatis mutandis if the child is not present at any of his or her parents, and shall care for him/her or if he/she has been placed in a replacement roast.
Article 113 2 . [ Restriction of contact with child] § 1. If the welfare of the child so requires, the protective court will limit the maintenance of the parents ' contact with the child.
§ 2. The procuring court may in particular:
1. prohibit the meeting with the child;
2) prohibit the taking of the child outside the place of his habitual residence;
3) allow the meeting with the child only in the presence of the second of the parents or the guardian, the probation officer or another person designated by the court;
4) limit contacts to specific ways of distance communication;
5) prohibit the communication at a distance.
Article 113 3 . [ The maintenance of the litigation restriction of contact with the child] If the maintenance of the parents ' contact with the child seriously threatens the good of the child or violates them, the court will prohibit them from maintaining them.
Article 113 4 . [ Obligations of parents appointed by a family court] The court of care, ruling on the contact with the child, may oblige parents to a particular procedure, in particular to direct them to establishments or specialists dealing with family therapy, counseling or family-providing other appropriate assistance with a simultaneous indication of how to control the implementation of the issued orders.
Article 113 5 . [ Amendment of the decision on contact with the child] A caring court may change the decision on the contact if the child's good is required.
Article 113 6 . [ Application of regulations to persons applying temporary child care] The provisions of this branch shall apply mutatis mutandis to the contacts of siblings, grandparents, bites in a straight line, as well as other persons if they have worked for a longer period of time for the child to care.
SECTION II
Appruse
Article 114. [ Adoption of a minor] § 1. You can use a minors only for her sake.
§ 2. Requirement of minors should be met on the date of submission of the application for adoption.
Article 114 1 . [ Conditions of adoption] § 1. A person with full capacity for legal action may be adopted if his/her personal qualifications justify the conviction that she will be duly discharged from the adoption obligations and has an opinion and a certificate of qualification and a certificate of competence. the completion of a training course organised by the adoption centre referred to in the rules on the promotion of the family and the system of foster care, unless the latter does not apply to it.
§ 2. An appropriate age difference should exist between the adoptive and the adopted.
Article 114 2 . [ Change of residence] § 1. The appruse which will change the place of residence of the apprendor in the Republic of Poland to the place of residence in another country may take place where, in this way, it is possible to ensure that the appropriate provision is made. Foster family environment
§ 2. The provision of § 1 shall not apply if there is a relationship or affinity between the welcoming and the adoptive or the adoption of the adoptive sister or brother.
Article 115. [ Adopturashudime] § 1. Only spouses can be co-used together.
§ 2. The application shall have the effect of adopting the adoption of a joint also when the person who has been prepared by one of the spouses is subsequently adopted by the other spouse.
§ 3. The appellant may, at the request of the appellant, have the effect of adopting the adoption of a joint, if the appender was the spouse of the person who had previously adopted the child, and that the marriage had ceased by the death of the spouse who had already been married to the child who had already been married to the other has made the adoption.
Article 116. [ Adoption by one spouse] The adoption by one of the spouses shall not take place without the consent of the other spouse, unless the latter does not have the capacity to act in law, or that an agreement with him is difficult to overcome.
Article 117. [ Judgment of the Court] § 1. The adoption of the adoption by the judgment of the court of care at the request of the appellant shall be carried out.
§ 2. The judgment may not be issued after the death of the adoptive or the person to be used.
§ 3. After the adoption of the adoption, the adoption decision may exceptionally be issued if both spouses have requested adoption, one of them has died after the initiation of the procedure, and the second request for adoption jointly by the spouses maintain, and where, for a long period of time prior to the initiation of the procedure, the adoption of the stay of applicants or only the deceased applicant and between the parties has arisen as a bond between parents and child.
§ 4. At the place of the deceased in proceedings, the curator established by the procurator shall be provided.
§ 5. The apprsings referred to in § 3 shall have the same effect as the spouse's death.
Article 117 1 . [ Rewelded] The adoption does not prevent the adoption of the adoption by the adoption of the adoption of the appruse.
Article 118. [ Consent of adoption] § 1. The adoption of the adoption is necessary for the adoption of the adoption, which has been completed by thirteen years.
§ 2. The procuring court should listen to the adoption, which has not completed the thirteen years, if it can grasp the meaning of adoption.
§ 3. The guardiantribunal may exceptionally adopt the adoption without a request for approval, or without a hearing, if it is not capable of giving consent, or if the assessment of the relationship between the adoptive and the adopters is apparent that it is considered to be for the adoptive child, and the request for consent or hearing would be contrary to the selection of the adoption.
Article 119. [ Consent of adoptive parents] § 1. The consent of the adoptive parents is necessary for adoption, unless they are deprived of parental authority or are unknown or an agreement with them is difficult to overcome.
§ 2. The caring court may, on account of special circumstances, rule the adoption despite the lack of consent of the parents whose capacity for legal action is limited, if the refusal of the adoption of the adoption is of course contrary to the good of the child.
Article 119 1 . [ Parents ' Authority] § 1. Parents can express their consent to the adoption of their child in the future without an indication of the person who is adoptive. Parents who have given their consent, the parental authority and the right to contact the child shall not be entitled. That agreement may be revoked by a statement made before the procurator, but not later than before the adoption of the adoption case.
Article 2 The provisions on adoption with the consent of the parents without the indication of the appellant shall be applied mutatis mutandis where one of the parents has given such consent and the latter is not required to be accepted. This provision shall not apply if an agreement with the other parent is difficult to overcome the obstacle.
§ 3. The provisions on adoption with the consent of the parents without the indication of the appellant shall apply, respectively, when the adoptive parents are unknown or dead, if the procuring court in the adoption of the adoption of the adoption of the appellant is so determined.
Article 119 1a . [ Indication of adopters by parents] The parents may, before the caring court, indicate the appellant, who may be exclusively the relative of the parents of the child with the consent of that person lodged before that court. The spouse of one of the parents may also be indicated.
Article 119 2 . [ Term for consent] The consent of the parents to the adoption of the child shall not be expressed earlier than six weeks after the birth of the child.
Article 120. [ Guardian Consent] If the child remains in care, the consent of the guardian shall be required for adoption. However, the procuring court may, on account of the special circumstances, rule the adoption of the adoption of the appruse court, even though the guardian's lack of consent is required if the child's welfare is required.
Article 120 1 . [ Determination of principles of contact] § 1. Before the adoption of the adoption, the procuring court may determine the manner and period of the personal contact of the adopter with the adoption.
§ 2. In the case of the determination of contact in the form of roast, the provisions on surrogate families shall be applied accordingly, except that the total cost of maintenance of the wells shall be borne by the appender.
§ 3. If, however, by the adoption of the adoption of the apprressionians are to change their place of residence in the Republic of Poland to the place of residence in another country, the adoption of the appruse may be decided after the expiry of the period specified by the court of care of the period the personal contact of the adoption of the adoptive or other place of residence of the adoptive or other place of residence in the Republic of Poland.
§ 4. In order to supervise the course of the adoption of the adoption of the adoption of the adoption, the guardianer shall benefit from the assistance of the adoption centre and, if necessary, by the assisting authority in the care of the appelerate.
Article 121. [ Rights and obligations arising from adoption] § 1. The adoption is made between the welcoming and the adopted intercourse, such as between parents and children.
§ 2. The acquirer acquires rights and obligations arising from kinship in relation to the wells of the adoption.
§ 3. They shall set the rights and obligations of the way arising from kinship to his relatives, as well as the rights and duties of those relatives in respect to him.
§ 4. The effects of the adoption are stretched out in the dilated way.
Article 121 1 . [ Exemptions] § 1. Article Article 121 § 3 does not apply to the spouse whose child has been adopted by the other spouse, nor to the relatives of the spouse, also in the event of adoption of the marriage by the death of that spouse.
§ 2. In the case where the spouse has adopted the child of his/her spouse after the death of the second of the parental parents, the provision of art. 121 § 3 does not apply to the relatives of the deceased, if, in the decision of adoption, the procurator has so decided.
Article 122. [ Name of the opportunity] § 1. He is given the name of the adoptive, and if he has been prepared by the spouses together, or if one of the spouses has given the child a second spouse, the name they wear or carry the children born out of that marriage.
§ 2. At the request of the person to be provided, and with the consent of the appellant court in the adoption of the adoption, he decides that the surname composed of his previous name and the surname of the appender will be worn. If the appender or the adamant bears a complex name, the court of care shall decide which part of that name shall be composed of the name of the adopted person. This provision shall not apply if a new birth certificate has been drawn up with the entry of the adopters as his parents.
§ 3. At the request of the appender, the procuring court may, in the decision of adoption, change the name or forenames of the opportunity. If he has completed thirteen years, it can only be done with his consent. Article Recipe 118 § 2 shall apply mutatis mutandis.
Article 123. [ effect of appruse] § 1. The adoption of the existing parental authority or the care of the adopted authority has been established by adoption.
§ 2. If one of the spouses has adopted the child of the other spouse, the parental authority shall be entitled to both spouses together.
Article 124. [ Limitation of the effects of adoption] § 1. At the request of the adopter and with the consent of the persons whose consent is required, the court of care shall rule that the effects of adoption shall be solely on the basis of the relationship between the welcoming and the adopted intercourse. However, in this case the effects of the adoption are stretched out in the dilated way.
§ 2. It is not permissible to limit the effects of adoption in a case where the parents of the opportunity have been given consent to the adoption of the child without an indication of the person who is adoptive.
§ 3. At the request of the adopter and with the consent of the persons whose consent is required for adoption, the procuring court may, during the period of minors adopted by the adoption of the adoption of the adoption of a decision pursuant to Article 1 (1) on the adoption of the adoption of the adoption of the provisions of the law, the Article 1 121-123.
Article 124 1 . [ The effects of parental consent on adoption] In the case where the parents have accepted the consent of the appellant before the court of justice without indicating the appellant, it is not permissible to establish the provenance adopted by the recognition of the paternity, the judicial finding or the denying its origin, establishing the impractical recognition of paternity.
Article 125. [ Indications of the solution of the adoption ratio] § 1. For important reasons, both the adopted and the adopters may request a solution to the adoption of the adoption by the court of law. The adoption of the adoption ratio shall not be admissible if, as a result of it, the child of a minor child is to suffer. The court may, in accordance with the circumstances of the adoption of the adoption of the adoption and maintenance of the adoption of the adoption of the adoption of the adoption of the adoption of the adoption of the adoption
§ 2. After the death of the adopted or welcoming solution, the adoption of the adoption ratio shall not be admissible unless the adoption of the adoption of the application for the solution of the adoption ratio has died after the initiation of the case. In such a case, the curator set up by the court will be instituted in the course of the process.
Article 125 1 . [ Acceptability of the adoption solution] § 1. It is not acceptable for the parents to give their consent without the appellant's consent before the court of the court.
§ 2. Such adoption does not prevent the adoption of the adoption of the adoption of the adoption.
Article 126. [ Consequences of adoption of the adoption of the adoption] § 1. Once the adoption ratio has been resolved, its effects will be determined. If the solution followed the adoption of the adoption, it is considered that the effects of the adoption were determined at the time of death.
§ 2. The adopted name shall retain the name acquired by adoption and received in connection with the adoption of the name or forenames. However, for important reasons, the court may, at the request of the adopted or adopter, decide that the person concerned shall return to the name he has worn before the adoption of the adoption. At the request of the admised court, he shall rule on his return to the previously worn name or imion.
Article 127. [ Attorney's powers] A public prosecutor may also have an action for the adoption of the adoption.
SECTION III
Maintenance obligation
Article 128. [ Obligation of maintenance] The obligation to provide means of subsistence and, where necessary, the means of education (maintenance obligation) shall be borne by relatives in the straight line and siblings.
Article 129. [ Obligation of maintenance] § 1. The maintenance obligation shall be borne by the keen before the preliminary and preliminary before the siblings; if it is a number of sneaky or preliminary-burdens closer to the feet before further.
§ 2. The relatives thus implicate the maintenance obligation in the parts corresponding to their economic and property opportunities.
Article 130. [ Priority of the Maintenance Obligation of the spouse] The obligation of one spouse to provide means of subsistence to the other spouse after the dissolution or cancellation of the marriage or after the ruling of the separation is ahead of the maintenance obligation of the relatives of the spouse.
Article 131. [ The maintenance obligation to the adopted] § 1. If the effect of the adoption consists solely of the relationship between the welcoming and the adjoining, the maintenance obligation of the manner in which the adoption is made, before the first and the begotten, and the obligation to do so, is to be The maintenance of the initial and siblings shall be burdened only in the last order.
§ 2. If one of the spouses has adopted the child of the other spouse, the adoption shall not affect the maintenance obligation between the conspicuous and the other spouse and his relatives.
Article 132. [ Transition of an obligation] The maintenance obligation shall not arise only if there is no person required to do so either in a closer order or when the person is not in a position to do his duty or if he/she is required to obtain from it for the time required. the authorised means of subsistence shall not be possible or combined with excessive difficulties.
Article 133. [ Obligation to the child] § 1. Parents shall be required to receive maintenance in respect of a child who is not yet in a position to sustain themselves unless the income from the child's property is sufficient to cover the cost of his/her subsistence and upbringing.
§ 2. In addition to the above, the person entitled to maintenance benefits is only the one who is in the deprivation.
§ 3. Parents may waive their maintenance on a child's age if they are linked to excessive harm to the child, or if the child does not endeavour to obtain the possibility of self-subsistence.
Article 134. [ Repeal of maintenance] In relation to siblings, the obligation may waive the maintenance of maintenance if they are combined with an excessive detriment to him or to his immediate family.
Article 135. [ Scope Of Maintenance] § 1. The scope of maintenance shall depend on the justified needs of the rightholder and on the earnings and property of the person liable.
§ 2. Implementation of a maintenance obligation to a child who is not yet able to hold himself or to a disabled person may consist wholly or in part on personal endeavor to maintain or to raise the rightholder; In that case, the maintenance of the other obligations is to cover, in whole or in part, the cost of living or raising the rightholders.
§ 3. Maintenance benefits shall not affect the following:
1) benefits from social assistance or maintenance fund as referred to in the Act of 7 September 2007. aid to persons entitled to alimony (Dz. U. of 2016 r. items 169, 195 and 1579 and 2017 items 60), refundable by the obligated to alimentation;
2) the benefits, expenses and other financial resources related to the placement of the child in foster care, referred to in the provisions on the promotion of the family and the system of replacement furnaces;
3) educational provision, referred to in the Act of 11 February 2016. o State aid in the raising of children (Dz. U. Entry 195 and 1579 and 2017 items 60 and 245);
4) family benefits, as referred to in the Act of 28 November 2003. on family benefits (Dz. U. of 2016 r. items 1518 and 1579 and from 2017 items 60).
Article 136. [ The renunciation of property law] If, in the course of the last three years prior to the judicial investigation, a person who was already in receipt of a maintenance claim without a valid reason has renounced the property rights or has otherwise committed himself to his or her loss, or if he has renounced the employment, or changed to less profitable employment, does not take account of the consequent change in the scope of maintenance.
Article 137. [ Expiration] § 1. Maintenance claims shall expire on the expiry of the period of three years.
§ 2. The unmet needs of the rightholders before the application for the maintenance of the alimony of the court shall be taken into account by the corresponding sum of money. In justified cases, the court may distribute the certificate to the instalment.
Article 138. [ Change of relations] In the event of a change in relations, it may be necessary to amend the decision or the maintenance obligation agreement.
Article 139. [ Heirs] The maintenance obligation shall not pass on the obligated heirs.
Article 140. [ Voluntary benefits] § 1. A person who provides the other means of subsistence or upbringing without being obliged to do so either by reason of the fact that, for the duration of the maintenance period, it would be for the holder to obtain maintenance from a person who is more or more obliged to do so. that is not possible or combined with excessive difficulty, may request reimbursement from the person who should have been able to fulfil those benefits.
§ 2. The application provided for in the preceding paragraph shall expire on the expiry of the period of three years.
Article 141. [ Duties of Father] § 1. A father who is not a mother's husband is required to contribute to the extent of the expenditure relating to pregnancy and the birth and the cost of the mother's three months in childbirth. For important reasons, the mother can demand his father's participation in the cost of his maintenance for a period of more than three months. If the mother has suffered other necessary expenses or special property losses due to pregnancy or childbirth, the mother may demand that the father cover the relevant part of those expenses or losses. This claim is also entitled to the mother in the event of the child being born dead.
§ 2. The mother's claims provided for in the preceding paragraph shall expire at the end of the period of three years from the date of delivery.
Article 142. [ Credible paternity] If the paternity of a man who is not a husband of the mother has been credited, the mother can demand that the man before the birth of the child has made a reasonable amount of money for the maintenance costs of the mother for three months during the period of childbirth and for the cost of maintaining the child for the first three months after birth. The term and method of payment of this sum shall be determined by the
Article 143. [ No determination of paternity] If the paternity of a man who is not a mother's husband has not been established, both the child and the mother can claim the property claims related to the paternity only at the same time with the investigation of the paternity arrangements. This does not apply to the mother's claims when the child was born dead.
Article 144. [ Maintenance of the child's and stepfather's maintenance] § 1. A child may demand maintenance from her mother's husband, who is not his father, if this is equivalent to the principles of social coexistence. The same entitlement shall be entitled to a child in relation to his father's wife, who is not his mother.
§ 2. The husband's husband, who is not his father, may require the child to receive maintenance, if he has contributed to the child's education and maintenance, and his demand corresponds to the principles of social coexistence. The same entitlement is entitled to the child's father's wife, who is not the child's mother
§ 3. The obligations laid down in the preceding paragraphs shall apply mutatis mutandis to the maintenance obligation between the relatives.
Article 144 1 . [ Repeal of maintenance obligation] The obligation may be waived from the exercise of a maintenance obligation to the rightholder, if the alimony's demand is contrary to the principles of social coexistence. This does not apply to the parents ' obligation to their minor child.
Title III
Care and couratelle
SECTION I
Caring for minors
Chapter I
Establishment of care
Article 145. [ Establishment of care] § 1. Custody shall be established for the minor in the cases provided for in Title II of this Code.
§ 2. The care is established by the care court, as soon as the message is sent, that there is a legal reason for it.
Article 146. [ Care of care] The care is exercised by the guardian. The joint custody of the child can only be entrusted to the spouses.
Article 147. [ Court of Justice] If the good of the remaining care so requires, the guardianship court shall issue the necessary arrangements for the protection of his or her person or property until the care is taken by the procurator; in particular, the caring court may establish a curator for this purpose.
Article 148. [ Custodian of the minor] § 1. A person who does not have a full legal capacity or who has been deprived of public rights cannot be established.
§ 1a. A person who has been deprived of parental authority or convicted of a crime against sexual freedom or customs or a deliberate offence involving violence against a person, or a person who has been deprived of parental authority, may not be established either. a crime committed against or in interaction with a minor or a person who has been prohibited from carrying out activities relating to the raising, treatment, education or care of minors, or the obligation to refrain from doing so from residence in specific environments or places, prohibition of contact with specified persons or a ban on leaving a particular place of residence without the consent of the court.
§ 2. It may not be established as a custodian for whom it is likely that he will not be due to the duties of a guardian.
Article 149. [ Select Custodian] § 1. Where the welfare of the remaining care does not preclude a minor, the guardianship of the minor shall be established primarily by the person designated by his father or mother, if they have not been deprived of parental authority.
§ 2. If the guardian is not established by the person mentioned in the preceding paragraph, the guardian should be established from among the relatives or other loved ones of the surviving or his parents.
§ 3. In the absence of such persons, the caring court shall request the indication of the person whose care could be entrusted to the competent body of social assistance or to the social organisation to which the care of the minors belongs, and if the remaining person in custody, in a care and parental care facility or other similar facility, in a correctional facility or in a juvenile detention centre, the court may also refer to that facility or to that establishment or shelter.
§ 4. Where necessary to establish care for a minor placed in foster care, the court shall entrust the custody of the care, primarily:
1) in the case of placement of the child in the foster family-foster parents,
2) in the case of placement of the child in the child's family home-the persons carrying out this house,
3) in the case of placement of the child in the care and educational establishment of the family type-persons carrying out the establishment,
4) when the child is placed in a care and care facility: socialising, specialist-therapeutic, intervention or a regional care and therapeutic institution-persons close to the child
-within 7 days of the right to deprive the parental authority of the order.
§ 5. In the case referred to in Article 119 1 § 1, the provisions of § 1, 2 and 4 (4) shall not apply.
Article 151. [ Establishment of one caring for several persons] A caring court may set up one guardian for several persons if there is no contradiction between their interests. The care of the siblings should be, as far as possible, entrusted to one person.
Article 152. [ Obligation of care] Each person who is a guardian of the care of a guardian is obliged to take care of the care. For important reasons, the caring court may exempt from this obligation.
Article 153. [ Coverage of care] The coverage of the care shall be effected by the lodging of a pledge before the caring court. The custodian should take his duties immediately.
Chapter II
Exercise of care
Article 154. [ Custodian responsibilities] The maintainer is obliged to perform his duties with due diligence, as required by the welfare of the surviving and the social interests.
Article 155. [ Supervision of the court] § 1. The Custodian shall care for the person and property of the person who is in custody; he shall be subject to supervision by the procurator.
§ 2. The provisions of the parental authority shall apply mutatis mutandis to the care of the following provisions.
Article 156. [ Permits of court] The custodian should obtain the permission of the procurator in any major cases involving the person or property of a minor.
Article 157. [ Curator] If the custodian experiences a passing obstacle to the exercise of care, the caring court may establish a probation officer.
Article 158. [ Information by the guardian of parents about important matters concerning minors] Decisions on major issues affecting the person or property of a minor guardian should inform his parents, who are involved in the exercise of the current care of the person of the child and in his upbringing.
Article 159. [ Exclusion of representation] § 1. The Custodian shall not represent the persons under his/her care:
1) with legal actions between these persons;
2) with legal actions between one of these persons and a guardian or his spouse, tricky, preliminary or siblings, unless the legal act consists in free of charge to the person in the care.
§ 2. The above provisions shall apply mutatis mutandis in proceedings before a court or other state body.
Article 160. [ Establishing an inventory of assets] § 1. As soon as the custody of the guardian is concerned, an inventory of the assets of the surviving person shall be drawn up and presented to the care and care court. This provision shall apply mutatis mutandis in the event of subsequent acquisition of property by a person under the care of the person concerned.
§ 2. The caring court may exempt the guardianship from the obligation to draw up the inventory if the property is insignificant.
Article 161. [ Valuables] § 1. The procuring court may require the guardian to deposit the valuables, securities and other documents belonging to the surviving person to the court. These items may not be received without the permission of a guardianer.
§ 2. The cash of the remaining under the care, if it is not needed to meet its legitimate needs, should be submitted by a caretaker at the banking institution. The maintainer can take the available cash only with the permission of the guardianal court.
Article 162. [ Guardian's salary] § 1. The procuring court will grant the guardian for the custody of his/her his/her his/her appropriate periodic salary or a one-off remuneration on the day of the custody or the release of the care.
§ 2. The remuneration shall not be granted if the carer's effort is insignificant or when the care is associated with the exercise of the functions of the foster family or is making the principles of social coexistence in question.
§ 3. The remuneration shall be borne by the income or the property of the person for whom the care has been established and, if the person does not have the appropriate income or property, the remuneration shall be borne by the public on the basis of the provisions on social assistance.
Article 163. [ Reimbursement of inputs] § 1. The custodian may require the remainder of his/her reimbursement of expenses and expenses relating to the exercise of care. The claims for this title shall apply mutatis mutandis to the order.
§ 2. The above claims shall lapse within the period of three years from the act of custody or the dismissal of the procurator.
§ 3. Article Recipe 162 § 3 shall apply mutatis mutandis.
Article 164. [ Repairing damage] The claim of the person in charge of compensation for the damage caused to the unexpired care of the care of the person concerned shall expire within the period of three years from the cessation of care or the release of the guardians.
Chapter III
Supervision of the exercise of care
Article 165. [ Principles of supervision of custody] § 1. The supervising court shall exercise supervision over the care of care, acquaint themselves with the activities of the procurator and by giving him instructions and instructions.
§ 2. The caring court may require the guardian of the explanations in all matters within the care and the presentation of documents relating to the exercise of the care.
Article 166. [ Custodian obligation] § 1. The custodian shall, within the time limits set by the caring court at least every year, submit to that court a report on the person who is in custody and the accounts of the administrative board of his property.
§ 2. If the income from the property does not exceed the likely cost of living and upbringing in custody, the caring court may release the guardian from the presentation of detailed accounts from the management board; in the case such guardian only submits general a report on the wealth management.
Article 167. [ Examination of guardians ' reports and accounts] § 1. The guardianship court shall examine the reports and the accounts of the procurator in factual and accounting matters, manage, if necessary, rectify them and supplement them and decide whether and to what extent the accounts approve.
§ 2. The approval of the account by the guardianal court shall not exclude the liability of the guardian for the damage caused by the irreparable management of the assets.
Article 168. [ Unleeed Care] If the guardian does not properly care, the procuring court will issue the appropriate order.
Chapter IV
Release of the carer and the care of the care
Article 169. [ Exemption from care] § 1. For important reasons, a caring court may, at the request of the guardian, release him from custody.
§ 2. The caring court will release the guardian if, by reason of the obstacles of fact or legal guardian, the guardian is incapable of taking care or is allowed to act or neglect, which infringes the good of the surviving person.
§ 3. If the caring court has not decided otherwise, the guardian shall continue to carry out the urgent care-related matters until such time as it is covered by the new custodian.
Article 170. [ Custody of the Law of the Law] When the minor reaches the age of age, or when the parental authority is restored over it, the care will be established by law.
Article 171. [ Continuation of cases] If, at the time of the cessation of care, there is an obstacle to the immediate acquisition of the management of the assets by the person who has been taken care of, or by its statutory representative or heirs, the guardian shall continue to carry out an urgent cases connected with the management of the property, unless the procuring court decides otherwise.
Article 172. [ Final Account] § 1. In case of dismissal of the caregiver or the care act, the guardian is obliged to submit within three months the final account of the Management Board of the estate.
Paragraph 2. The final account shall apply mutatis mutandis the provisions on the annual account.
Article 173. [ Exemption from obligation] A caring court may relieve the guardian of the obligation to submit an end account.
Article 174. [ Surrender of assets] As soon as it is released or after the care has ceased, the guardian shall be obliged to surrender to the person who has been taken care of, or her legal representative or heirs to whom he manages the property of that person.
SECTION II
Caring for incapacitated altogether
Article 175. [ Unashamedly Altogether] The provisions on the care of minors shall apply, mutatis mutandis, to the care of the incapacitated, and shall comply with the following provisions.
Article 176. [ Select Custodian] If the welfare of the remaining care does not preclude this, the guardian of the incapacitated should be established primarily by his/her spouse and, in the absence of that, his father or mother.
Article 177. [ Care] Caring for incapacitated treatment will completely cease from the power of the law in the event of abandoning the incapacitation or alteration of the total incapacitation into partial.
SECTION III
Kuratela
Article 178. [ Establishment of curateli] § 1. The curator shall be established in the cases provided for in the Act provided for.
§ 2. In the case of non-regulated by the provisions which provide for the establishment of a curator, the provisions on custody shall apply mutatis mutandis to the provisions of the following provisions.
Article 179. [ Salary for probation of the courately] § 1. The state authority that established the curator will give him the appropriate remuneration for the treatment of the probation officer. The remuneration shall be borne by the income or the property of the person for whom the curator is established, and if that person does not have the appropriate income or property, the remuneration shall be borne by the person who demanded the appointment of the curator.
§ 2. The remuneration shall not be granted if the amount of the curator's work is insignificant and the checking of the probation officer makes the principles of social coexistence a question of the principles of social coexistence.
Article 180. [ Curatel's inclination] § 1. Subject to the exceptions in the statute provided, the state authority that established the probation officer shall repeal the curator when the purpose is eliminated.
§ 2. If the curator has been established to deal with the case, the curator shall cease upon completion of the case.
Article 181. [ Curateli Ubecoming] § 1. The curator of the incapacitated person is partially appointed to represent her and to the Management Board of her assets only if the procuring court so decides.
§ 2. In the event of a waiver of the incapacitation of the curatela, he shall cease from the power of the law.
Article 182. [ Establishment of a curator for a child conceived] For a child conceived, but not yet born, a curator shall be established if it is needed to guard the future rights of the child. The curatela will cease from the birth of the child.
Article 183. [ Establishment of a curator for a disabled person] § 1. For a disabled person, a probation officer shall be established if the person concerned needs assistance to conduct any kind of case or case of a particular nature or to arrange for a particular case. The responsibilities and powers of the curator shall be determined by the court of care.
§ 2. The Kuratel shall be waived at the request of the disabled person for whom it was established.
Article 184. [ Establishment of a curator for a person not present] § 1. For the protection of the rights of a person who, due to his absence, cannot carry out his or her cases, and does not have a proxy, a curator shall be established. The same applies to an accident where a proxy is not able to carry out his duties or when he or she does not have the right to do so.
§ 2. The curator should first of all try to determine the whereabouts of the person not present and notify her about the state of her affairs.
§ 3. A probation officer shall not be established for the protection of the rights of a person if there are reasons for her to be regarded as deceased.
