The Act Of 25 February 1964 Family Code And Caring

Original Language Title: USTAWA z dnia 25 lutego 1964 r. Kodeks rodzinny i opiekuńczy

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The title and marriage and marriage Article. 1. [the marriage], § 1. The marriage is concluded, when the man and woman at the same time, the current lodge before the head of the Office of civil status statements that join together in marriage.

§ 2. The marriage is also included, when a man and a woman containing marriage governed by internal church or another relation of religion in the presence of a priest they will simultaneously marriage governed by Polish and head of the Office of civil status then draw up a marriage certificate. When you are satisfied the above conditions, the marriage shall be deemed to be included at the time of the submission of declarations of intent in the presence of a priest.

§ 3. Provision of the preceding paragraph shall apply, if ratified international agreement or the Act governing relations between the State and the Church or other religious association provides for the possibility of a call by the marriage subject to the national law of this church or another religious, therefore, such effects, which entails a marriage before the head of the registry office.

§ 4. A man and a woman, Polish citizens abroad, can also enter into marriage before the Polish Consul or from a person designated to perform the functions of Consul.

Article. 2. [Action to establish the non-existence of marriage] if the failure of the provisions of the preceding article has been drawn up marriage, anyone who has a legal interest, may bring proceedings for the determination of the existence of the marriage.

Article. 3. [the documents] § 1. Those wishing to enter into marriage should submit or present to the head of the Office of civil status documents necessary to marry, specified in separate regulations.

§ 2. When you receive a document that person intending to enter into marriage shall submit or present to the head of the registry office, faces difficult to overcome obstacles, the Court may release the person from the obligation to submit or submit this document.

§ 3. The head of the registry office explains to people wishing to enter into marriage the importance of marriage, the provisions governing the rights and obligations of the spouses and the provisions named spouses and named their children.

Article. 4. [the term marriage] Marriage before the head of the Office of civil status may not be contained within one month from the day when the people who want to be close, the head of the civil status Office made a written assurance that they do not know about the existence of the circumstances excluding the conclusion of marriage. However, the head of the registry office may authorise the marriage before the expiry of that period, if the support for this important considerations.

Article. 41. [Certificate] § 1. Persons wishing to enter into marriage as specified in article 4. 1 § 2 and 3 of the head of the registry office shall issue a certificate stating the lack of circumstances excluding marriage and the content and date of the complex before it claims on the names of the future spouses and their children.

§ 2. [1] a certificate expires on the expiry of six months from the date of its issue.

§ 3. When issuing a certificate of civil status Office Manager shall inform the parties of the further steps necessary to marry.

Article. 5. [refusal of claims] the head of the registry office, which learned of the existence of the circumstances excluding the conclusion of the intended marriage, refuses to accept the claims about joining in marriage or of issue of the certificate referred to in article 2. 41, and if in doubt ask the Court whether a marriage can be included.

Article. 6. [power of Attorney] § 1. For important reasons, the Court may allow, to a statement about joining in marriage or a declaration provided for in article 5. 1 § 2 is made by a delegate.

§ 2. The power of attorney shall be given in writing with a signature officially certified and replace the person you marriage is to be contained.

Article. 7. [form of claim] § 1. If the marriage is concluded before the head of the Office of civil status, joining in marriage should be made publicly in the presence of two adult witnesses.

§ 2. The head of the registry office asks a man and a woman, whether they intend to enter into a marriage with each other, and when they answer that question in the affirmative, calls on them to make representations about joining in marriage and claims on the names of the spouses and their children.

§ 3. [2] each containing marriage consists of a statement about joining in marriage, in the head of the Office of civil status content of a statement or by reading them aloud: "aware of the rights and obligations arising from marriage solemnly declare that the ascending in the marriage of (name of the other people scrutinize marriage) and I promise that I will do everything to make our marriage was in accordance , a happy and long lasting. ".

Person, that cannot talk consists of a statement about joining in marriage, by signing the Protocol of acceptance of claims about joining in marriage.

§ 4. After the submission of the claims about joining in marriage by both sides of the head of the Registry Office announces that as a result of the matching of claims both sides of the marriage.

Article. 8. [the pastor's Duties] § 1. Cardinal, which contained the marriage is governed by the internal of the Church or other religious, therefore, cannot accept the statements provided for in article 4. 1 § 2 – without first presenting him a certificate stating the absence of circumstances excluding marriage, drawn up by the head of the registry office.

§ 2. Immediately after the submission of the claims referred to in § 1, shall draw up a certificate stating that the statements were made in his presence at the conclusion of the marriage subject to the national law of the Church or another religious connection. This certified statement shall be signed by the pastor, spouses and two adult witnesses present at the Assembly of these claims.

§ 3. Certificate referred to in paragraph 2, together with the certificate drawn up by the head of the Registry Office on the basis of article. 41 § 1, shall forward to the Office of civil status within five days from the date of the marriage; giving as a courier in the Polish postal facility designated operator within the meaning of the Act of 23 November 2012.-postal law (OJ item 1529) is synonymous with the transfer to the registry office. If the behavior of the term it is not possible for reasons of force majeure, the time-limit shall be suspended for the duration of the obstacle. In the calculation of the time limit does not take into account the days recognized by law free from work.

Article. 9. [procedure in the event of life-threatening] § 1. In the event of danger of imminent directly the life of one of the parties, a statement about joining in marriage can be placed immediately before the head of the registry office without filing or presentation of documents necessary to marry. However, and in this case, the parties are required to make to ensure that they do not know of the existence of circumstances of separation and marriage.

§ 2. In the event of danger of imminent directly the life of one of the parties to the declaration provided for in article 5. 1 § 2 may be made before a priest without provide a certificate drawn up by the head of the registry office, stating the lack of circumstances excluding marriage. In this case, shall submit before the priest to ensure that they do not know of the existence of circumstances of separation and marriage. The provisions of article 4. 1, section 3 and article. 2 and art. 8 § 2 and 3 shall apply mutatis mutandis.

Article. 10. [Age, marriage] § 1. May not enter into marriage without person under eighteen. However, for important reasons, the Court of guardians may authorize the marriage a woman who graduated from sixteen years, and of the circumstances shows that the marriage will be in accordance with the best interests of the established families.

§ 2. The annulment of a marriage contracted by a man who has not attained eighteen years, and by a woman who is under sixteen, or without the permission of the Court entered into a marriage after completing sixteen, but before the age of eighteen, may require each of the spouses.

§ 3. You cannot cancel the marriage due to the lack of the prescribed age, if the spouse pre-action this age has reached.

§ 4. If a woman became pregnant, her husband cannot request the annulment of a marriage due to the lack of the prescribed age.

Article. 11. [Incapacitation] § 1. May not enter into marriage a person incapacitated completely.

§ 2. Annulment of marriage due to incapacitation may require each of the spouses.

§ 3. You cannot cancel the marriage due to incapacitation, if incapacitation has been repealed.


Article. 12. [marriage due to mental illness or mental deficiency] § 1. May not enter into marriage a person affected by a mental illness or mental deficiency. However, if the State of health or of the mind of such a person is not marriage or health of future offspring, and if the person has not been incapacitated completely, the Court may allow the marriage.

§ 2. Annulment of marriage due to mental illness or mental deficiency of one of the spouses may demand that each of the spouses.

§ 3. You cannot void a marriage because of the mental illness of a spouse after the termination of this disease.

Article. 13. [the prohibition of bigamy] § 1. May not enter into marriage, who already is married.

§ 2. Annulment of marriage due to remain by one of the spouses in a previously concluded marriage can require anyone who has a legal interest.

§ 3. You cannot cancel the marriage due to remain by one of the spouses in a previously concluded marriage, if the previous marriage has terminated or is cancelled, unless the termination of the marriage took place by the death of a person who has entered into a second marriage while remaining in a previously concluded marriage.

Article. 14. [annulment of marriage due to consanguinity or affinity] § 1. May not enter into marriage with each other the relatives in the direct line, siblings or relatives in a straight line. However, for important reasons, the Court may allow the marriage between people related by marriage.

§ 2. Annulment of marriage due to the relationship between the spouses may demand that anyone who has a legal interest.

§ 3. Annulment of marriage due to the affinity between the spouses can request each of the spouses.

Article. 15. [annulment of marriage due to relative adoption] § 1. May not enter into marriage with each other the adopter and the adoptee.

§ 2. Annulment of marriage due to relative adoption between spouses can request each of the spouses.

§ 3. You cannot void a marriage because of the relation of adoption between the spouses, if this relationship is terminated.

Article. 151. [defects in declarations of intent] § 1. A marriage can be annulled if the statement about joining in marriage or a declaration provided for in article 5. 1 § 2:1) has been lodged by a person who for any reason were able to exclude the conscious expression of will;

2) under the influence of an error as to the identity of the other party;

3) under the influence of illegal threats of the other party or a third party, unless the circumstances show that the applicant could claim to fear, that he himself or another person in danger serious personal risk.

§ 2. Annulment of marriage due to the circumstances listed in paragraph 1 may require the spouse who made a statement vitiated.

§ 3. You cannot request a marriage after the expiry of six months from the termination of an exemption status conscious expression will, since the error is detected or termination of concerns caused by the threat-and in any case after three years of marriage.

Article. 16. [power of Attorney] in the event of a marriage by proxy the principal may request the annulment of the marriage, if there was no court authorization to make a statement about joining in marriage by proxy, or if the Attorney was invalid or effectively cancelled. However, you cannot therefore claim the annulment of a marriage, if the spouses have common life.

Article. 17. [marriage] marriage can be annulled only on grounds provided for in the provisions of this section.

Article. 18. [termination of marriage], you cannot cancel the marriage after its dissolution. However, this does not apply to the cancellation because of the relationship between the spouses, and due to remain by one of the spouses at the time of the marriage in the previously married.

Article. 19. [Cancellation after the death of spouse] § 1. If one of the spouses brought an action for annulment of a marriage, the marriage may take place even after the death of the other spouse, in whose place in the joins guardian established by the Court.

§ 2. In the event of the death of the spouse who brought an action for annulment, annulment may assert his descendants.

Article. 20. [marriage in bad faith] § 1. When giving a marriage annulment, the Court decides whether and which of the parties had contracted the marriage in bad faith.

§ 2. For being in bad faith shall be deemed spouse who at the time of the marriage he knew about the circumstances giving rise to its annulment.

Article. 21. [the application of the provisions of the Act] to the effects of marriage in terms of the ratio of the spouses to joint children and property relations between the spouses shall apply mutatis mutandis the provisions of divorce, the spouse who has entered into a marriage in bad faith, is treated as a spouse should the distribution of marriage.

Article. 22. [powers of Attorney] an action for a declaration of invalidity and the determination of the existence or non-existence of marriage can bring also the Prosecutor.



TITLE II rights and obligations of the spouses Article. 23. [the equality of rights and obligations] the spouses have equal rights and obligations in marriage. Are required to cohabitation, mutual assistance and fidelity, and to work together for the good of the family, which by its association was founded.

Article. 24. [Settlement of important matters of the family] Spouses settle together about significant matters of the family; in the absence of agreement, each of them can ask for the decision to the Court.

Article. 25. the [Name of the spouses] § 1. Named, which each of the spouses will be called after the marriage, he decides his statement made before the head of the registry office. The claim may be filed immediately after the conclusion of the marriage or before it is drawn by the head of the registry office a certificate stating the lack of circumstances excluding marriage.

§ 2. The spouses may carry the common name which is the current name of one of them. Each of the spouses may also keep your current name or connect with him the previous surname of the other spouse. The name of the created from the merger may not consist of more than two units.

§ 3. In the event of failure to claim on the name, each spouse retains its current name.

Article. 26. (repealed).

Article. 27. [meeting the needs of the family] both spouses must, each according to their forces and their lucrative opportunities and goods, contribute to meeting the needs of the family, which by its association was founded. The atonement that obligation may consist, in whole or in part, on personal efforts to the education of children and work in the common household.

Article. 28. [Payment Order the other spouse] § 1. If one spouse remaining in the cohabitation does not meet its obligation to contribute to meeting the needs of the family, the Court may order, in order to pay for work or other charges payable ago spouse were in whole or in part, paid into the hands of the other spouse.

§ 2. The warrant referred to in the preceding paragraph shall, despite the cessation of cohabitation after its release. The Court may, however, at the request of any of the spouses this order change or repeal.

Article. 281. [Use of the apartment of one of the spouses] If the right to housing is entitled to one spouse, the other spouse is entitled to the use of this housing to meet the needs of the family. This provision shall apply mutatis mutandis to household items.

Article. 29. [Action in matters of day-to-day administration] in the event of a transient obstacle which concerns one of the spouses remaining in cohabitation, the other spouse may for him to act in matters of day-to-day administration, in particular, without a power of Attorney download attributable to receivables, unless precludes the spouse which the obstacle concerned. Relative to the third objection is effective, if he was aware of them.

Article. 30. [severally] § 1. Both spouses are jointly and severally responsible for liabilities incurred by one of them, in matters arising from meeting the ordinary needs of the family.

§ 2. For important reasons, the Court may at the request of one of the spouses decide that such obligations is the responsibility of the spouse who enlisted. This provision may be waived in the event of a change in circumstances.

§ 3. Relative to the third joint and several liability is effective, if it was known to them.



SECTION III of the matrimonial property regime the legal chapter I


Article. 31. [Commonality statutory] § 1. As soon as the marriage between spouses under the Act the commonality of estate (commonality statutory) including the items property acquired during its duration by both spouses or by one of them (assets). Property items not covered by the statutory wspólnością belong to the personal property of each spouse.

§ 2. To the joint property include, in particular: 1) salary and income with another gainful activity of each spouse;

2) income from the joint property, as well as the personal property of each spouse;

3) collected on the account opened or the staff regulations of the Pension Fund of each spouse;

4) the amounts of the contributions of zewidencjonowanych on the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system (OJ of 2009 # 205, poz. 1585, as amended).

Article. 32. (repealed).

Article. 33. [personal property] to the personal property of each spouse are: 1) the items property acquired before the creation of the commonality of the statutory;

2) items to property acquired by inheritance, or donation, unless the testator or donor is otherwise decided;

3) property rights due to the commonality of the total subject to separate provisions;

4) objects to property used exclusively for meeting the personal needs of one of the spouses;

5) rights inalienable, which may have only one person;

6) items received in respect of damages for personal injury, or call his health or for compensation for the harm suffered; However, this does not apply to the survivor's pension payable the victim spouse due to total or partial loss of earning capacity or because of the increase in its needs or reduce views, good luck for the future;

7) claims for wages or other gainful activity of one of the spouses;

8) objects to property obtained for prizes for the personal achievements of one of the spouses;

9) copyright and related rights, industrial property rights and other rights of the creator;

10) objects to property acquired in Exchange for the assets, unless a special law provides otherwise.

Article. 34. [Items of household goods] Items of household goods for the use of both spouses are covered by the statutory wspólnością also in the case when they were acquired by inheritance or donation, unless the testator or donor is otherwise decided.

Article. 341. [Community things] each of the spouses is entitled to co-ownership and things that are part of common property and to use them in so far as this is incompatible with the współposiadaniem and the use of the goods by the other spouse.

Article. 35. [the ban on requests for Division of property] for the duration of the commonality of implied neither spouse may request the Division of joint property. There can also dispose of or commit to dispose of participation, that in the event of cessation of the commonality it has him in a joint or individual subjects belonging to the estate.

Article. 36. [common asset Management] § 1. Both spouses are required to cooperate in the management of assets, in particular to provide each other with information about the status of the joint property, the performance of the Board of the assets of the joint and the commitments chargeable to the estate.

§ 2. Each of the spouses may manage the assets, unless the following provisions provide otherwise. The execution of the Board of directors includes steps that apply to the property belonging to the estate in common, including steps aimed at preserving this property.

§ 3. The items property for the spouse to the profession or gainful activity manages the spouse alone. In the event of a trial, the obstacles the other spouse may make the necessary current.

Article. 361. [the opposing spouse] § 1. A spouse may oppose the actions of the Board of the assets of common the intended by the other spouse, except in issues of daily life or to meet the normal needs of the family or to be undertaken within the framework of the economic activity.

§ 2. The opposition is effective against a third person, if able to read prior to legal action.

§ 3. Provision of art. 39 shall apply mutatis mutandis.

Article. 37. [spouse's consent] § 1. The consent of the other spouse is required to make: 1) legal action leading to the disposal, load, for the acquisition of immovable property or usufruct, as well as leading to donate real estate to use or download the benefits from it;

2) legal action leading to the disposal, load, for the acquisition of a right in rem, the object of which is the building or premises;

3) legal action leading to the disposal, load, paid acquisition and lease of a farm or business;

4) donations from the joint property, with the exception of small donations customarily accepted.

§ 2. The validity of the contract which has been concluded by one of the spouses without the required consent of the other, depends on the confirmation of the agreement by the other spouse.

§ 3. The other party may designate a spouse whose consent is required, the appropriate term for the confirmation of the agreement; becomes free after the expiration of the statutory period.

§ 4. A unilateral act without the required consent of the other spouse is invalid.

Article. 38. [protection of third parties] where, on the basis of a legal action by one spouse without the required consent of the other third party acquires a right or is exempted from the obligation, shall apply mutatis mutandis the provisions for the protection of persons who in good faith have made legal action from an unauthorized person to dispose of.

Article. 39. [Authorization of the Court to make the steps] if one spouse refuses consent required to make these steps, or if an agreement with him facing hard to overcome obstacles, the other spouse may apply to the Court for permission to carry out activities. The Court shall grant the authorisation if the make steps requires good family.

Article. 40. [deprivation of common property management] for important reasons, the Court may at the request of one of the spouses to deprive the other spouse independent of the Board of the assets of the joint; may also provide that, to make the steps mentioned in the article. 37 § 1 instead of the consent of the spouse will need the authorization of the Court. These provisions may be waived in the event of a change in circumstances.

Article. 41. [Meeting with the joint property] § 1. If the spouse enlisted commitment, with the consent of the other spouse, the creditor may demand satisfaction with the joint property of spouses.

§ 2. If the spouse enlisted commitment without the consent of the other spouse or the obligation of one of the spouses is not a legal act, the creditor may demand satisfaction of the personal property of the debtor, from wages or income received by the debtor from another gainful activity, as well as the benefits derived from the rights referred to in article 1. 33 paragraph 9, (a) if the claim in connection with the establishment, also of property forming part of the business.

§ 3. If the claim was established before the creation of the commonality or applies to personal property of one of the spouses, the creditor may demand satisfaction of the personal property of the debtor, from wages or income received by the debtor from another gainful activity, as well as the benefits derived from the rights referred to in article 1. 33 point 9.

Article. 42. [effects of cessation of commonality of property] Creditor spouse may not during the commonality of the statutory demand satisfaction from participation, which in the event of cessation of commonality will ago spouse in a joint or individual subjects belonging to the estate.

Article. 43. [Shares in common] § 1. Both spouses have equal shares in the estate.

§ 2. However, for important reasons, each of the spouses may demand, in order to determine the interest in the assets of the joint has occurred, taking into account the extent to which each of them has contributed to the creation of this property. The heirs of the spouse may occur with such a request only if the testator brought an action for annulment of a marriage or divorce or judgment of separation.

§ 3. In assessing the extent to which each spouse contributed to the common property, it shall take into account the personal effort to work with the upbringing of children and in the common household.

Article. 44. (repealed).


Article. 45. [reimbursement of expenses and expenditures] § 1. Each spouse should pay expenses and expenditures made from the joint property on his personal assets, with the exception of expenditure and effort necessary for revenue generating property. May request the reimbursement of expenses and expenses which has made from his personal assets to corporate assets. You cannot request a reimbursement of expenses and outlays of used to meet the needs of the family, unless the increased value of the property at the time of cessation of commonality.

§ 2. Reimbursement shall be made by the Division of the joint property, however, the Court may order a refund in advance, where this is necessary for the good of the family.

§ 3. The above provisions shall apply mutatis mutandis in cases where the debt of one of the spouses was satisfied with the joint property.

Article. 46. [the application of separate provisions] in matters not provided for in the preceding articles from the time of cessation of commonality of statutory assets, which was covered, as well as to the Division of this property, shall apply mutatis mutandis the provisions of commonality of estate succession and inheritance section.



Chapter II the contractual regimes property section 1 General provisions Article. 47. [material Agreement] § 1. The spouses may, by the agreement in the form of a notarial commonality statutory extend or restrict either establish a separation of property, or separation of property with the alignment of the dorobków (property agreement). Such an agreement may precede the conclusion of marriage.

§ 2. Marriage contract may be amended or terminated. In the event of termination during the marriage, arises between the spouses the commonality of the statutory, unless the parties agreed otherwise.

Article. 471. [Effectiveness against third parties,] spouse may be invoked in relation to other people on a contract governed by the marriage, when her conclusion and kind of were those known.



Section 2 the commonality of estate Article. 48. [commonality of contract] to the established by the commonality of property shall apply mutatis mutandis the provisions of commonality of implied, subject to the provisions of this Division.

Article. 49. [the bounds of the contract], § 1. You cannot contract marriage material extend commonality: 1) the items property, which enjoy a spouse in respect of inheritance or donations;

2) property rights that derive from the commonality of the total subject to separate provisions;

3) non-negotiable rights, which may have only one person;

4) claims for compensation for personal injury, or call his health, unless they fall to the commonality of the statutory, as well as claims for compensation for the harm suffered;

5) unenforceable even claims of remuneration for work or other gainful activity of each spouse.

§ 2. In case of doubt, it is believed that the items used exclusively for meeting the personal needs of one of the spouses were not included in the commonality.

Article. 50. [the debt occurred before the file extension commonality] If the claim arose before the extension of commonality, the creditor, the debtor is only one spouse may request a meet with these assets that might belong to the personal property of the debtor, if the commonality of estate has not been extended.

Article. 501. [Shares the spouses] in the event of cessation of the commonality, the spouses are equal, unless the marriage contract provides otherwise. This provision does not exclude the application of article 18. 43 § 2 and 3.



Division 3 material Separation Article. 51. [the conventional separation of property] if the contractual establishment of material separation, each spouse retains both the property acquired prior to the conclusion of the contract, and property acquired later.

Article. 511. [the principle of self-management] each spouse manages his assets yourself.



Division 4 separation of property with the alignment of the dorobków Article. 512. [separation of property with the alignment of dorobków] For material separation with the alignment of dorobków the provisions of separation of property, subject to the provisions of this section.

Article. 513. [Achievements] § 1. Acquis each spouse is the increase in the value of its assets after the conclusion of the contract.

§ 2. If the property agreement provides otherwise, in calculating the dorobków omits the items property acquired prior to the conclusion of the contract and listed in article 1. 33, paragraph 2, 5 – 7, 9, and items acquired in Exchange for not, however be added value: 1) donations made by one of the spouses, excluding donations to common descendants spouses and minor customarily accepted donations to other people;

2) services rendered personally by one of the spouses to the property of the other spouse;

3) effort and expenditure on property one spouse from the property of the other spouse.

§ 3. Acquis shall be calculated according to the State of the property at the time of cessation of material separation and at the time of settlement.

Article. 514. [Alignment dorobków] § 1. Following the cessation of material separation spouse, whose legacy is smaller than the achievements of the other spouse may request the alignment of dorobków by payment or transfer of the right.

§ 2. For important reasons, each of the spouses may demand a reduction of the obligation to compensate for the dorobków.

§ 3. In the absence of agreement between the parties as to the manner or the amount of compensation, court.

Article. 515. [in the event of the death of a spouse] § 1. In the event of the death of one of the spouses, the alignment of dorobków is between his heirs and to the surviving spouse.

§ 2. The heirs of the spouse may request a reduction of the obligation to compensate for the dorobków only if the testator brought an action for annulment of a marriage or divorce or judgment of separation.



Chapter III Mandatory property system Article. 52. [Compulsory separation of property] § 1. For important reasons, each of the spouses may demand the establishment of a court resolution.

§ 1a. The establishment by the Court of the separation of property may require also created one of the spouses, if it is probable that that satisfying claims established enforceable involves the Division of the joint property of spouses.

§ 2. Separation of property from the date indicated in the judgment, which it lays down. In exceptional cases, the Court may establish a separation of property from the date earlier than the day bringing a court action, and in particular, if the spouses lived in disconnected.

§ 3. The establishment of the separation of property by a court at the request of one of the spouses does not exclude the conclusion by the spouses marriage contract. If the separation of property was established at the request of the creditor, the spouses may conclude an agreement governed by the marriage after Division of joint property or after the creditor security or satisfaction of the debt, or three years after the establishment of the separation.

Article. 53. [incapacitation and bankruptcy spouse] § 1. Separation property arises by operation of law, in the event of incapacity or bankruptcy of one of the spouses.

§ 2. Should the legal incapacity, as well as redemption, complete or repeal the insolvency proceedings, the legal property regime arises between the spouses.

Article. 54. [Separation] § 1. The decision gives rise to a separation between the spouses separate.

§ 2. As soon as the abolition of the separation between the spouses the statutory regime. To request of the spouses the Court to maintain the separation between the spouses.



SECTION IV of the termination of the marriage Article. 55. [for the deceased] § 1. If one of the spouses for the deceased it is presumed that marriage came to an end as soon as that in the judgment of the spouse declared dead has been marked as a moment of his death.

§ 2. If, after recognition of a spouse declared dead the other spouse has entered into a new marriage, the relationship may not be declared invalid on the ground that the spouse declared dead is alive, or that his death occurred in a different time than the moment marked in the decision about the recognition of the deceased. This provision shall not apply if, at the time of the conclusion of the new marriage the parties knew that the spouse declared dead remains alive.

Article. 56. [the conditions for divorce] § 1. If between the spouses was utter and irretrievable breakdown, each of the spouses may demand that the Court dissolved the marriage by divorce.

§ 2. However, despite the full and sustainable distribution of marriage divorce is not permissible, if as a result of it would suffer the good of common minor children of the spouses or if for other reasons the judgment of divorce would be contrary to the principles of social coexistence.

§ 3. Divorce is not permissible, if requests it spouse exclusively guilty of irretrievable breakdown, unless the other spouse agrees to divorce or that the refusal to consent to a divorce is, in the circumstances, contrary to the principles of social coexistence.


Article. 57. [the judgment of guilt] § 1. When divorce court decides whether and which of the spouses is to blame the irretrievable breakdown.

§ 2. However, to match demand spouses the Court fails to rule on the wine. In this case, followed by such effects as if none of the spouses does not assume guilt.

Article. 58. [the provisions of the judgment], § 1. In the judgment of the Court shall be a divorce court on parental responsibility over the joint minor child of both spouses and parents ' contact with the child and decides, how much each of the spouses shall be obliged to bear the cost of the maintenance and upbringing of the child. The Court shall take into account the agreement of the spouses on how to exercise parental authority and maintaining contact with the child after the divorce, if it is consistent with the best interests of the child. Sibling should educate together, unless the best interests of the child requires a different solution.

§ 1a. The Court may entrust the exercise of parental responsibility to one of the parents, limiting the parental authority of the second to specific duties and powers in relation to the person of the child. The Court may leave the parental authority to both parents on their consistent application, if made an agreement, referred to in § 1, and it is reasonable to expect that they will cooperate in matters of the child.

§ 2. If the spouses are shared, the Court in the judgment of divorce rules about how to use the apartment for the duration of the common residence in the divorced spouses. In exceptional cases, when one of the spouses to their grossly objectionable conduct prevents the cohabitation, the Court may order his eviction on the request of the other spouse. To request of the parties, the Court may, in the judgment in deciding a divorce order also broken down to live together or to grant a flat one spouse if the other spouse agrees to his leave without providing replacement premises and facilities, if the Division or its grant of one of the spouses are possible.

§ 3. At the request of one of the spouses the Court may in the judgment of the Court shall be the divorce divide joint property, if this Division does not cause undue delay in the proceedings.

§ 4. Finding shared apartment spouses, the Court shall take into account, first and foremost, the needs of children and spouse, entrusted the exercise of parental responsibility.

Article. 59. [back to the previous name] [3], within three months from the moment when divorce a spouse divorced, that as a result of marriage changed his previous name, may by a declaration made before the head of the Office of civil status return to his/her premarital surname.

Article. 60. [maintenance] § 1. Divorced spouse, who is not considered a wine fault distribution only, and that is in want, may require the other spouse divorced the provision of means of subsistence in the extent justified needs of the holder and the capabilities of commercial and financial principal.

§ 2. [4] if one of the spouses was considered a wine fault distribution only a divorce entails a significant deterioration of the financial situation of the innocent spouse, the Court at the request of the innocent spouse may order that one spouse exclusively guilty is obliged to contribute to the extent to meet the justified needs of the innocent spouse, even if this was not deprivation.

§ 3. [5] the obligation to provide maintenance to a spouse divorced spouses shall expire in the event of the conclusion by the spouse of the new marriage. However, when the obligation is a spouse divorced, which was not found guilty of irretrievable breakdown, this obligation shall expire with five years of divorce, unless due to exceptional circumstances, the Court, at the request of the holder, will extend the five-year period mentioned.

Article. 61. [the application of the provisions of the Act] subject to the provision of the preceding article, the obligation to provide the means of subsistence by one of the spouses divorced second shall apply mutatis mutandis the provisions of the maintenance obligation between relatives.



Section V Separation Article. 611. [conditions for separation] § 1. If between the spouses was a complete breakdown, each of the spouses may demand that the Court ruled legal separation.

§ 2. However, despite the complete decomposition of marriage judgment of separation is not acceptable if the result it would suffer the good of common minor children of the spouses or if for other reasons the judgment of separation would be contrary to the principles of social coexistence.

§ 3. If the spouses do not have common minor children, the Court may order separation based on matching request.

Article. 612. [the judgment of divorce] § 1. If one spouse requires a judgment of separation, and the second divorce and this request is reasonable, the Court shall order a divorce.

§ 2. However, if the decision to divorce is not permissible, and request separation is justified, the Court shall order separation.

Article. 613 [Judgment of separation] § 1. By the judgment of legal separation shall apply the provisions of article 4. 57 and article. 58. § 2. When giving a separation based on matching request of the spouses, the Court did not rule on the guilt of the distribution of cohabitation. In this case, followed by such effects as if none of the spouses does not assume guilt.

Article. 614. [effects of separation] § 1. The judgment of legal separation has consequences such as dissolution of marriage by divorce, unless the law provides otherwise.

§ 2. Spouse in a separation may not enter into marriage.

§ 3. If required by the equitable, the spouses in legal separation shall to mutual assistance.

§ 4. The obligation to provide the means of subsistence by one of the spouses in the separation of the second shall apply mutatis mutandis the provisions of article 4. 60, with the exception of § 3.

§ 5. Provision of art. 59 shall not apply.

Article. 615. (repealed).

Article. 616. [the abolition of separation] § 1. To match the request of the spouses the Court decides to abolish the separation.

§ 2. As soon as the abolition of the separation cease its effects.

§ 3. By abolishing the separation, the Court shall decide on parental responsibility over the joint minor child of the spouses.



Title II of Kinship and affinity of the SECTION I General provisions Art. 617. [Relatives in a straight line and lateral] § 1. Relatives in a straight line are people, one of which is derived from the other. Relatives in the lateral line are people that come from a common ancestor, and are not relatives in a straight line.

§ 2. Degree of kinship is defined according to the number of births, which was kinship.

Article. 618. [Affinity] § 1. With the marriage shows the affinity between the spouse and relatives of the other spouse. It takes it despite the termination of the marriage.

§ 2. The line and the degree of affinity is determined by line and degree.



DIVISION IA Parents and children Section and the origin of the child section 1 Maternity Article. 619. [the child's mother] the child's mother is a woman who gave birth to them.

Article. 6110. [Action to establish maternity] § 1. If done at the child's birth parents are unknown or maternity women entered in the Act of birth of the child as his mother has been negatived, you can request the determination of motherhood.

§ 2. Action for the establishment of maternity child brought against the mother, and if the mother is dead – against women laid down by the Court of guardianship.

§ 3. The mother brought a declaratory action of motherhood against a child.

Article. 6111. [limitation of lawsuit] Mother cannot bring an action for the establishment of maternity benefits when the child age.

Article. 6112. [an action for denial of motherhood] § 1. If in the Act of birth is inscribed as the mother of a woman who gave birth to a child, you can claim denial of motherhood.

§ 2. An action for denial of maternity child are filed against a woman in the Act of birth of the child as his mother, and if the woman is dead – against women laid down by the Court of guardianship.

§ 3. Mother brought an action against a woman in the Act of birth of the child as his mother and child, and if the woman is dead – against a child.

§ 4. The woman in the Act of birth of the child as his mother brought an action against a child.

§ 5. The man whose paternity has been established taking into account maternity women entered in the Act of birth of the child as his mother, brought an action against a child and this woman, and if she is dead – against a child.

Article. 6113. [the term bring an action for denial of motherhood] § 1. The mother or women entered in the Act of birth of the child as his mother may bring an action for denial of maternity benefits within six months from the date of the child's birth.

§ 2. The man whose paternity has been established taking into account maternity women entered in the Act of birth of the child as his mother, may bring an action for denial of maternity benefits within six months from the date on which it learned that a woman in the Act of birth of the child is not the child's mother, but not later than until the child age.

§ 3. The provisions of article 4. 64 and 65 shall apply mutatis mutandis.


Article. 6114. [bring a court action by child] § 1. The child may bring an action for denial of maternity benefits within three years of the achievement of the majority.

§ 2. The provisions of article 4. 64 and 65 shall apply mutatis mutandis.

Article. 6115. [bring a court action in the event of death of the child] Determination and denial of motherhood is not acceptable after the death of the child. However, in the event of death of the child, that a lawsuit against the action, motherhood can assert his descendants.

Article. 6116. [bring a court action by the Prosecutor] declaratory action or a denial of motherhood can bring also the Prosecutor, where this is necessary for the best interests of the child or to protect the public interest; bring an action for denial of motherhood is not acceptable after the death of the child.



Branch 2 Fatherhood Article. 62. [Presumption of origin of the child], § 1. If the child is born during the marriage or before the expiry of the three hundred days of the termination of or annulment, it shall be presumed that it comes from her husband's mother. This presumption shall not apply if the child was born after three hundred days of separation.

§ 2. If the child was born before the end of the three hundred days from the termination of or annulment of the marriage, but after the conclusion by a mother second marriage, it shall be presumed that it comes from the second husband.

§ 3. The presumption of the above can be overturned only by an action for denial of paternity.

Article. 63. [an action for denial of paternity] mother's husband may bring an action for denial of paternity within six months from the date on which it learned about the birth of a child by his wife, but not later than until the child age.

Article. 64. [Incapacitation husband mother] § 1. If the mother's husband was completely incapacitated by reason of mental illness or other mental disorders, which fell within the time-limit for bringing an action for denial of paternity, the action may bring his legal representative. The time limit for bringing a court action is in this case six months from the date of the establishment of a legal representative, if the representative has the news of the birth of the child until later-six months from the date on which this message has.

§ 2. If the legal representative of her husband completely ubezwłasnowolnionego not brought an action for denial of paternity, the husband may bring an action after the repeal of incapacitation. The time limit for bringing a court action is in this case six months from the date of repeal of incapacitation, and if the husband has the news of the birth of the child until later-six months from the date on which this message has.

Article. 65. [mental] If mother's husband fell on a mental illness or other mental disorders within the period for bringing an action for denial of paternity and despite the existence of grounds for total incapacity was not restricted by limited legal capacity, he may bring an action within six months of the termination of the disease or disorder, and when he took the news of the birth of the child until later-within six months from the date of in which this message has.

Article. 66. [the defendants in the case of denial of paternity] mother's husband should bring an action for denial of paternity against the child and the mother, and if the mother is dead – against a child.

Article. 67. [denial of paternity] denial of paternity is by demonstrating that the mother's husband is not the father of the child.

Article. 68. [the unacceptability of paternity] denial of paternity is not permissible, if the child was conceived in the wake of the medical treatment to which the mother's husband agreed.

Article. 69. [bring a court action by the mother of the child], § 1. A mother may bring an action for denial of paternity of her husband within six months from the birth of a child.

§ 2. The mother should bring an action for denial of paternity against her husband and child, and if the husband is dead – against a child.

§ 3. The provisions of article 4. 64 and 65 shall apply mutatis mutandis.

Article. 70. [Powers of the child], § 1. Child after reaching the age of majority may bring an action for denial of paternity of the husband of his mother, but not later than within three years of the achievement of the majority.

§ 2. The child should take legal action against her husband of his mother and the mother, and if the mother is dead against her husband. If the mother's husband is dead, the action should be brought against women laid down by the Court of guardianship.

§ 3. The provisions of article 4. 64 and 65 shall apply mutatis mutandis.

Article. 71. (have lost power).

Article. 72. [paternity] § 1. If there is no presumption that the father of the child is the husband of his mother, or when the presumption has been rebutted, paternity may be effected either by the recognition of paternity, or by a decision of the Court.

§ 2. Recognition of paternity may not take place if the lawsuit is pending a determination of paternity.

Article. 73. [specific ways legitimation] § 1. Recognition of paternity when the man, from which the child derives, declares before the head of the registry office, that he is the father of the child, and the child's mother confirms at once or within three months from the date of the man's claims, that the child's father is the man.

§ 2. The head of the Registry Office explained to people who wish to make statements necessary to acknowledge the paternity of the provisions governing the obligations and rights arising from the recognition of provisions, named the child and the difference between the recognition of paternity and paternity.

§ 3. The head of the Registry Office refuses to accept the claims required for the recognition of paternity, if recognition is unacceptable or if you become aware of doubt as to the origin of the child.

§ 4. Recognition of paternity may also be made before a court guardianship, and abroad well before the Polish Consul or person designated to perform the functions of Consul, if recognition applies to the child whose both parents or one of them are Polish citizens. The provisions of § 1-3 shall apply mutatis mutandis.

Article. 74. [placing on record the Declaration necessary for recognition of paternity] § 1. In the event of danger of imminent direct life mother of the child or a man, from which the child comes, the statement necessary for recognition of paternity may be recorded by a notary public or submitted to the Protocol to the Mayor (Mayor, Mayor of the city), Starosta, Marshal of the clerk of the county or municipality. The provisions of article 4. 73 § 1-3 shall apply mutatis mutandis.

§ 2. The minutes shall be signed by the person who has adopted a statement, and the person who filed, unless she can sign it. The reason for the lack of the signature shall be given in the Protocol.

§ 3. The Protocol contains the statement necessary for recognition of paternity should be immediately passed to the Registry Office competent to draw up the Act of birth of the child.

§ 4. [6] if the statement necessary for recognition of paternity has been placed before the birth of a child conceived, but nieurodzonego, the Protocol contains this statement is passed to the Registry Office competent for the place of preparation of the birth certificate, the child's mother or to the Registry Office for the city of Warsaw – when a registration of birth mother did not occur on the territory of the Republic of Poland.

Article. 75. [the recognition of paternity before the birth of a child conceived] § 1. You can recognize paternity prior to birth a child already conceived.

§ 2. If the child was born after the conclusion of the marriage by her mother with another man than this, that he considered fatherhood, the provision of art. 62 do not apply.

Article. 76. [limitation of recognition of paternity] § 1. Recognition of fatherhood cannot be reused once the child age.

§ 2. If the child died before reaching the age of majority, recognition of paternity might occur within six months from the date on which a man comprising a statement of recognition of the learned of the death of a baby, but not later than the day on which the child would reach the age of majority.

Article. 77. [Permission to make a statement about the recognition of paternity] § 1. Statement of the need for recognition of paternity may make a person who graduated from sixteen years and there are no grounds for its total incapacitation.

§ 2. The person referred to in § 1, if you do not have full legal capacity, may make a statement necessary to recognize paternity only before the Court of guardianship.

Article. 78. [a declaratory action the annulment of recognition of paternity] § 1. A man who acknowledged paternity, may bring an action to establish the ineffectiveness of recognition within six months from the date on which it learned that the child does not come from him. In the event of recognition of paternity before the birth of a child already conceived the term may not start before the birth of a child.

§ 2. The provisions of article 4. 64 and 65 shall apply mutatis mutandis.

Article. 79. [the application of the provisions to the mother confirming paternity] Provisions to establish the ineffectiveness filiation shall apply mutatis mutandis to the child's mother, who confirmed the paternity.

Article. 80. [an action after reaching the age of the child] when the child age a declaratory action the annulment of recognition of paternity may not be brought by the mother of the child, or by a man who found fatherhood.


Article. 81. [request for findings of ineffectiveness filiation] § 1. The child may require the determination of the ineffectiveness of filiation, if that man is his father.

§ 2. With the request that the child may experience after reaching the age of majority, but not later than within three years of its achievements.

§ 3. The provisions of article 4. 64 and 65 shall apply mutatis mutandis.

Article. 82. [a declaratory action the annulment of recognition] § 1. A man who acknowledged paternity, brought a declaratory action the annulment of recognition against a child and the mother, and if the mother is dead – against a child.

§ 2. The mother brought a declaratory action the annulment of filiation against a child and a man who acknowledged paternity, and if this man is dead – against a child.

§ 3. Child brought a declaratory action the annulment of filiation against the man who took the 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 women laid down by the Court of guardianship.

Article. 83. [the recognition of paternity after the death of the child], § 1. After the death of the child to determine the ineffectiveness of filiation is not acceptable.

§ 2. If the recognition of paternity occurred after the death of the child, shall apply mutatis mutandis the provisions of article 4. 82 section 1 and 2, and the action should be brought not later than the day on which the child would reach the age of majority, against women laid down by the Court of guardianship in place of the child.

Article. 84. [Judicial determination of paternity] § 1. Legal paternity can request a child, his mother and alleged father of the child. However, mother or alleged father may not occur with such a request after the death of the child or when no majority.

§ 2. Child or mother brought an action for paternity against the alleged father, and when this is dead – against women laid down by the Court of guardianship.

§ 3. The alleged father of the child's paternity action brought against a child and his mother, and when the mother is dead – against a child.

§ 4. In the event of death of the child, which was the reason for determination of paternity, the findings may enforce its descendants.

Article. 85. [presumption of paternity] § 1. It is presumed that the father of the child is the one who communed with the child's mother not formerly than in the trzechsetnym, and not later than one hundred and eighty-first day before the birth of a child.

§ 2. The fact that the mother in this period, the obcowała also with another man, can be the basis to rebut the presumption only if the circumstances show that the paternity of another man is more likely to occur.

Article. 86. [bring a court action by the Prosecutor] an action for establishment or denial of paternity and to establish the ineffectiveness of filiation may bring also the Prosecutor, where this is necessary for the best interests of the child or to protect the public interest; bring an action for denial of paternity and to establish the ineffectiveness of filiation is not acceptable after the death of the child. If the recognition of paternity occurred after the death of the child, the public prosecutor may bring an action to establish the ineffectiveness.



Chapter II relationship between the parents and children section 1 General provisions Article. 87. [duty of parents and children] parents and children are required to respect and support.

Article. 88. [Declaration on the surname of the child], § 1. Child, for which there is a presumption that comes from her husband's mother, bears the name of which is the name of both spouses. If the spouses have different surnames, the child bears the surname indicated in their matching statements. The spouses may indicate the surname of one of them or the name of the created by the combination of the names of the mother with the name of the father of the child.

§ 2. A statement on the surname of the child shall be submitted at the same time with claims about names that will wear. If the spouses do not have compatible representations on the surname of the child, it is called a name consisting of the names of the mother and the attached to it the name of the father.

§ 3. For making the birth first child spouses may submit before the head of the Registry Office compatible statement of change indicated by them baby names or the Declaration referred to in paragraph 1, if the child's name is not indicated by them.

§ 4. The provisions of § 1-3 shall apply mutatis mutandis to the surname of the child, whose parents have entered into marriage after the birth of the child. To change the surname of the child, whose parents have entered into marriage after a child of thirteen, that its approval is required.

Article. 89. [child's name] § 1. If paternity has been established by the recognition, the child bears the name indicated in the supported claims parents, submitted at the same time claims to recognition of paternity. Parents may indicate the surname of one of them or the name of the created by the combination of the names of the mother with the name of the father of the child. If the parents do not have compatible representations on the surname of the child, it is called a name consisting of the names of the mother and the attached to it the name of the father. To change the surname of the child, which, at the time of recognition of the already completed thirteen years, needed his consent.

§ 2. In the event of legal paternity, the Court gives the child's name in a judgment fixing the fatherhood, by applying the provisions of paragraph 1. If a child under thirteen years old, to the change of name is needed his consent.

§ 3. If paternity has not been established, the child bears the mother's surname.

§ 4. A child of unknown parents name gives the Court of guardians.

Article. 891. [the names of the children from these same parents] Children from these same parents bear the same name, subject to the provisions of that to change the surname of the child require his consent.

Article. 90. [giving the child the names of the husband's mother] § 1. [7] if a minor child has entered into marriage with a man who is not the father of this child, the spouses may submit before the head of the registry office or in front of the Consul of consistent statements that the baby will bore the same name, which in accordance with article 5. 88 is called or nosiłoby their common child. To change the surname of the child, that the age of thirteen years, needed his consent.

§ 2. Giving the child the names referred to in paragraph 1 is not admissible if it bears the father's name or the name created on the basis of the consistent claims the child's parents by the combination of the names of the mother with the name of the father of the child.

§ 3. The provisions of § 1 and 2 shall apply mutatis mutandis when the father of a minor child has entered into a marriage with a woman who is not the mother of this child.

Article. 901. [the composition of baby names from a combination of the names of the father and mother] child's name created by combining the names of the mother with the name of the father of the child or by a combination of the names of one of the parents with the name of his spouse, from whom the child does not come, may not consist of more than two members; in the surname of the child includes the first names of members subject to combined, unless as a result of the merger would be a name, whose members are the same.

Article. 91. [Obligations of the child], § 1. A child who has income from own work, should contribute to cover the costs of maintenance of the family, if lives with parents.

§ 2. A child who is dependent on parents and lives with them, is required to assist them in the communal farm.



Branch 2 parental Article. 92. [duration of parental] Child stays up until the age of majority under parental authority.

Article. 93. [Powers of the spouses] § 1. Both parents have parental responsibility.

§ 2. Where this is necessary for the best interests of the child, the Court in its judgment fixing the parentage may decide to suspend, reduce or deprivation of parental authority of one or both parents. The provisions of article 4. 107 and article. 109-111 shall apply mutatis mutandis.

Article. 94. [Duration of parental authority to one of the parents] § 1. If one of the parents is dead or does not have full legal capacity, parental responsibility are entitled to the other parent. The same applies if one of the parents has been deprived of parental authority or if his parental hung.

§ 2. (repealed).

§ 3. If one of the parents does not have parental responsibility or if the parents are unknown, for child care.

Article. 95. [parental] § 1. Parental responsibility shall include, in particular, the duty and the right of parents to exercise custody of the person and property of the child and for the child's upbringing, with respect for his dignity and rights.

§ 2. Dependent child under parental authority should parents of obedience, and in cases in which can independently make decisions and make representations will, should listen to the opinions and recommendations of parents made for his sake.

§ 3. Parental responsibility should be carried out as required in the best interests of the child and the public interest.

§ 4. Parents before taking decisions in important matters relating to the person or property of the child should be heard, if mental development, health, and degree of maturity of the child so permits, and take into account as far as possible its reasonable wishes.


Article. 96. [the child's upbringing] § 1. Parents are raising a child under their parental authority and direct it. Must take care of the physical and spiritual development of the child and to prepare them adequately to work for the good of society up to his talents.

§ 2. Parents who do not have full legal capacity to participate in the celebration of the current custody of the person of a child and his upbringing, unless the Court of guardians due to the welfare of the child decides otherwise.

Article. 961. [the prohibition of corporal punishment] to persons exercising parental responsibility and exercising the care or custody of a minor is prohibited the use of corporal punishment.

Article. 97. [responsibilities of parents] § 1. If both parents have parental responsibility, each of them is obliged and entitled to its execution.

§ 2. However, important matters of the child the parents settle together; in the absence of agreement between them Court guardianship.

Article. 98. [Representing the child] § 1. Parents are the legal representatives of the child under their parental authority. If the child remains under parental authority of both parents, each of them may act alone as the legal representative of the child.

§ 2. However, neither parent may represent the child: 1) in legal acts between dependent children under their parental authority;

2) [8] the legal acts between the child and one parent or spouse, unless the Act is free przysporzeniu for the child or that due the child from the other parent means of support and education.

§ 3. [9] Provisions of the preceding paragraph shall apply mutatis mutandis to proceedings before the Court or other authority of the State.

Article. 99. [Curator] [10] If neither parent may represent the child under parental authority, represents them curator established by the Court of guardianship.

Article. 100. [help the authorities of the Member State] § 1. The Court of guardians and other public authorities are obliged to provide assistance to the parents, if it is needed for the proper exercise of parental responsibility. In particular, each of the parents may apply to the Court of guardianship to pick up the child from the person is not entitled, and also apply to the Court of guardianship or another competent public authority to provide child care.

§ 2. In the cases referred to in § 1, the Court of guardians or other public authorities shall notify the organizational unit, foster families and foster care system, within the meaning of the provisions of the promotion of the family and custody system, of the need to grant the family a child appropriate assistance. The competent organizational unit of foster families and foster care system is bound to inform the Court about the types of aid and its results.

Article. 101. [Board of the child], § 1. Parents must exercise due care Board of the child under their parental authority.

§ 2. The Board exercised by parents does not include a living child or items devoted to free use.

§ 3. Parents are not allowed without the permission of the guardianship court to actions exceeding the scope of the day-to-day administration or express consent to such actions by the child.

Article. 102. [Limitation of the Board] in the contract of donation or bequest, you can reserve items per child in respect of the gift or a will will not be covered by the management oversight by the parents. In this event, when the donor or testator has not designated a liquidator, curator of the Board established by the Court of guardianship.

Article. 103. [use of the income of the child] Pure income from property of the child should be mainly rotated the maintenance and upbringing of the child and his siblings, which rears together with it, the excess on other legitimate needs of the family.

Article. 104. [the inventory of the property of a child], § 1. The Court of guardianship may order the parents to have drawn up the inventory of the property of the child and presented it to the Court and notify the Court of changes in major State of the property, in particular the child's acquisition of assets of substantial value.

§ 2. The Court of guardians may in justified cases, to determine the value of the regulations on movable tangible property, money and securities, which the child or parents can make each year without the permission of the guardianship court, subject to article 22. 103. Article. 105. [Termination of the Board] after termination of Board of parents must give the child or his representative and counsel managed by them property of the child. At the request of the child or his legal representative, reported before the end of the year from the termination of the Board, parents must submit an account of the Board of Directors. This request may not, however, apply to income from assets taken during the exercise of parental responsibility.

Article. 106. [change divorce] where this is necessary for the best interests of the child, the guardianship court may change the decision on parental responsibility and how its implementation contained in the judgment of the Court shall be divorce, legal separation or marriage annulment, or fixing the parentage.

Article. 107. [to entrust the parental authority to one of the parents] § 1. If both parents have parental authority living in disconnected, the Court of guardians may due to the welfare of the child specify how its execution.

§ 2. The Court may entrust the exercise of parental responsibility to one of the parents, limiting the parental authority of the second to specific duties and powers in relation to the person of the child. The Court may leave the parental authority to both parents, if presented in accordance with the best interests of the child the agreement on how the exercise of parental responsibility, and maintaining contact with the child, and it is reasonable to expect that they will cooperate in matters of the child. Sibling should educate together, unless the best interests of the child requires a different solution.

Article. 108. [Child of incapacitation completely] Parents, who wykonywają the parental responsibility over a child ubezwłasnowolnionym completely, subject to such limitations as to what is a keeper.

Article. 109. [Ordinance in order to protect the best interests of the child], § 1. If the best interests of the child is endangered, the Court of guardians will issue the appropriate orders.

§ 2. The Court of guardians may, in particular: 1) compel the parents and the minor to a specific procedure, and in particular to work with families, the implementation of other forms of work with the family, refer the minor to support daily, referred to in the rules about supporting the system of foster care and family or refer parents to the facility or specialist involved in family therapy, counselling or other family assistance with an indication of the way the performance audit issued orders;

2) determine what actions may not be made by the parents without the permission of the Court, or give parents other restrictions, which is subject to the guardian;

3) submit to the exercise of parental responsibility to the supervision of the probation officer;

4) refer the minor to an organisation or institution appointed to apprenticeships or to another facility who has partial custody of children;

5) order the placement of a minor in foster care, the child's family home or institutional care foster home or entrust temporarily acting as a foster family spouses or a person which does not satisfy the conditions for foster families, in terms of training necessary for specified in the rules about supporting the system of foster care and family or order the placement of a minor in educational establishment, in protective plant-care or in medical rehabilitation.

§ 3. The Court of guardians may also entrust the management of the estate of the minor set up for this purpose, the curator.

§ 4. In the case referred to in § 2 paragraph 5, as well as in case of the application of the other measures referred to in the rules about supporting the family and the system of custody, guardianship shall notify the decision the correct organizational unit, foster families and foster care system, which provides a family of the minor appropriate assistance and consists of opiekuńczemu Court, within the time specified by the Court, reports on the situation of the family and assistance , including work with the family, and also works with a probation officer.

Article. 110. [Suspension of parental authority] § 1. In the event of a transient obstacles in the exercise of parental guardianship may order its suspension.

§ 2. The suspension will be lifted when his cause will fall off.

Article. 111. [Deprivation of parental authority] § 1. If the parental responsibility cannot be performed due to permanent obstacle or if the parents abuse parental authority or flagrant neglect their duties in relation to the guardianship of the child, the Court will deprive parents of parental authority. Deprivation of parental authority can be ordered also in relation to one of the parents.

§ 1a. The Court may deprive the parents of parental authority, if the assistance is not the reasons the application of article 18. 109 § 2, point 5, and in particular when parents permanently have no interest in the child.


§ 2. In the event of cessation of the cause, which was the basis for deprivation of parental authority, guardianship, the Court may restore parental responsibility.

Article. 112. [the judgment of deprivation or suspension of parental authority] Deprivation of parental authority or its suspension may be granted in the judgment of the Court shall be a divorce, legal separation or marriage annulment.



A branch of the 2a Term replacement Article. 1121. [entity responsible for executing the current custody of children placed in foster care], § 1. The duty and the right execution of the current custody: 1) placed in custody, upbringing and represent in these matters and, in particular, in the investigation of the benefits intended to meet his needs, belong to a foster family, the family of the child or the marshaling facility nursing educational, regional educational service-therapeutic or intervention centre preadopcyjnym;

2) without the care and education of parents in the educational establishment, in protective plant-care or in medical rehabilitation, education and representation in these matters and, in particular, in the investigation of the benefits intended to meet his needs, belong to the educational establishment, respectively, marshaling, nourishing and protective plant-care or rehabilitation facility.

Other obligations and rights arising from parental responsibility belongs to parents of a child.

§ 2. Provision in § 1 shall not apply if the Court of guardians decided otherwise.

Article. 1122. [a reference to the provisions of the promotion of the family and foster care system] the Organization, functioning and financing of foster families, family children's homes, nursing-educational, regional nursing and intervention centres of preadopcyjnych and the rules for determining age children placed in these institutions and centres shall be governed by the provisions of the promotion of the family and custody.

Article. 1123. [conditions of placement of the child in foster care] placement of a child in foster care should occur after running out of all forms of assistance to the parents of the child, referred to in the rules about supporting family and custody, unless the best interests of the child requires it forthwith custody.

Article. 1124. [the period for which the child is placed in foster care] Child is placed in foster care until the existence of the conditions for his return to the family or put it in the family przysposabiającej.

Article. 1125 [entities authorized to exercise custody foster] § 1. The Court may entrust the exercise of custody foster spouses or unmarried finds out who are introductory or siblings of the child. Exercise of custody substitute the Court may also entrust the spouses or unmarried finds out who are not ascendants or siblings of the child, if these persons have been entered in the register of persons qualified to act as a professional foster family, foster family niezawodowej, family home of the child or the fullness of already feature professional foster family or foster family niezawodowej and leading family-run children's home.

§ 2. If this is justified by the best interests of the child the Court may temporarily, for no longer than 6 months, entrusted with the exercise of the functions of foster family spouses or unmarried finds out who are not ascendants or siblings of the child, which does not satisfy the condition of training necessary for the specified in the rules about supporting the system of foster care and family concerning foster families.

Article. 1126 [entities authorized to exercise custody over the child replacement with a decision on disability] surrogate Custody over a child with a disability ruling or judgment of moderate or severe disabilities is entrusted primarily to foster care.

Article. 1127 [placement of a child in institutional care foster] § 1. The Court places the child in institutional custody, if there is no possibility of the placement of the child in foster care or for other important reasons this is not reasonable.

§ 2. As far as possible, the Court places the child in foster care in the County of the child's place of residence.

Article. 1128. [Place siblings in the institutional custody foster] Siblings should be placed in the same foster home, child, educational facility or regional educational institution of educational-therapeutic, unless this would be contrary to the best interests of the child.



Branch 3 Contacts with the child Article. 113. [contact child] § 1. Regardless of the parental responsibility parents and their children have the right and duty to maintain contact with each other.

§ 2. Contacts with the child shall include, in particular, being with child (visits, meetings, taking the child outside of his place of permanent residence) and direct communication, maintaining correspondence, use of other means of distance communication, including electronic means of communication.

Article. 1131. [specify how to maintain contact with the child] § 1. If the child is residing permanently in one of the parents, how to maintain contact with the child by the other parents together determine, guided by the best interests of the child and taking into account the reasonable wishes; in the absence of agreement, court guardianship.

§ 2. The provisions of paragraph 1 shall apply mutatis mutandis, if the child is not present in any of the parents, custody of it is exercised by the guardian or when it was placed in custody.

Article. 1132. [restriction to maintain contact with the child] § 1. Where this is necessary for the best interests of the child, the Court of guardians will limit contacts the parents with the child.

§ 2. The Court of guardians may, in particular: 1) prohibit the meet with the child;

2) prohibit the taking of the child outside of his place of permanent residence;

3) allow to meet with the child only in the presence of the other parent or guardian, probation officer or other person designated by the Court;

4) restrict contacts to specific ways to communicate at a distance;

5) prohibit the distance communication.

Article. 1133. [maintenance of legal restrictions to maintain contact with the child] If maintaining contact parents with a child seriously threatens the well-being of the child or violates the Court prohibit their maintenance.

Article. 1134. [responsibilities of parents appointed by the family court] the Court of guardians, ruling on the contacts with the child, may require the parents to a specific procedure, in particular to direct their homes or family therapy professionals, advice or providing other family assistance with an indication of the way the performance audit issued orders.

Article. 1135. [change resolution on children] the Court of guardians could change the decision on the contacts, if required by the best interests of the child.

Article. 1136. [the application of the provisions to people taking temporary custody] the provisions of this section shall apply mutatis mutandis to the contacts, siblings, grandparents, kin in the direct line, as well as other people, if they have custody for a longer period of time.



SECTION II adoption of Art. 114. [Adoption of the minor] § 1. Assimilate can be minor, only for its good.

§ 2. Being a requirement should be fulfilled at the date of the application for adoption.

Article. 1141. [conditions for adoption] § 1. Assimilate can a person with full legal capacity, if her personal qualifications justify the belief that he will duly by the obligations adoptive parent and has the opinion of qualification and certificate of completion of training organized by the adoption centre, referred to in the rules about supporting the system of foster care and family, unless this obligation does not apply to it.

§ 2. Between the adopter and adoptee should be the appropriate age difference.

Article. 1142. [relocation] § 1. Adoption, which will change the current place of residence przysposabianego in the Republic of Poland on the place of residence in another Member State, can occur when the only way you can ensure that the przysposabianemu the correct surrogate family environment.

§ 2. Provision of § 1 does not apply if the adopter and there is przysposabianym between the ratio of consanguinity or affinity, or if they already has prepared a sister or brother przysposabianego.

Article. 115. [Adoption common] § 1. Assimilate together can only spouses.

§ 2. Adoption is the effects of the adoption of a common, even when a person adapted by one of the spouses is subsequently adapted by the other spouse.

§ 3. The Court of guardians may, at the request of the adoptive parent decide that adoption has the effect of adoption of the common, if the adoptive parent was the spouse of the person who previously child przysposobiła and the marriage came to an end by the death of the spouse, who has already made the adoption.


Article. 116. [Adoption by one spouse] Adoption by one of the spouses may not take place without the consent of the other spouse, unless this does not have legal capacity, or that the agreement with him facing hard to overcome obstacles.

Article. 117. [Court] § 1. Adoption of the decision of the Court of guardianship at the request of the adoptive parent.

§ 2. A judgment may be issued after the death of the adoptive parent or the person who has to be adapted.

§ 3. After the death of the adoptive parent adoption judgment may be granted exceptionally, if the requested adoption starring both spouses, one of them died after the initiation of the proceeding, and the second request adoption jointly by spouses supports and when for a long time before the start of proceedings przysposabiany remained under the custody of the applicants or only the deceased applicant and between the parties was the relationship between the parents and the child.

§ 4. On the place of the deceased in the proceedings by the Court established curator joins caring.

§ 5. Adoption referred to in § 3, has the same effects as held before the death of the spouse.

Article. 1171 [Re adoption] Adoption does not preclude the adoption again after the death of the adoptive parent.

Article. 118. [Consent przysposabianego] § 1. For adoption, consent is needed przysposabianego, who has completed thirteen years.

§ 2. The Court of guardianship should listen to przysposabianego, which did not finish years thirteen, if he can comprehend the importance of adoption.

§ 3. The Court of guardians may exceptionally decide adoption without consent or without przysposabianego requests to be heard, if he is not capable of giving consent or if the evaluation of the relationship between the adopter and przysposabianym suggests that it is considered a child of the adoptive parent, and request consent or hearing would be contrary to the best interests of the przysposabianego.

Article. 119. [parental consent przysposabianego] § 1. To the adoption is required the consent of parents przysposabianego, unless they have been deprived of parental authority or is unknown or the agreement with them facing difficult to overcome obstacles.

§ 2. The Court of guardians may, due to special circumstances, rule adoption despite the absence of the consent of the parents, whose capacity to act is limited, if the refusal to consent to the adoption is manifestly contrary to the best interests of the child.

Article. 1191. [powers of parents] § 1. Parents can consent to guardianship proceedings adoption of their child in the future, without identifying the person of the adoptive parent. Parents who have given such consent, parental responsibility and the right to contact with the child is not entitled to. This may appeal by a statement made before a Court of caring, but no later than prior to the opening of the case of adoption.

§ 2. The rules of adoption with the consent of the parents, without identifying the person the adoptive parent shall apply mutatis mutandis, if one of the parents expressed the consent and the consent of the second is not adoption. This provision shall not apply if the agreement with the other parent faces hard to overcome obstacles.

§ 3. The rules of adoption with the consent of the parents, without identifying the person the adoptive parent shall apply mutatis mutandis when the parents przysposabianego are unknown or deceased, if the Court of guardians in the judgment of adoption so decides.

Article. 1192. [time limit for consent] parental consent to adoption of the child may not be given earlier than six weeks after the birth of a child.

Article. 120. [a guardian's consent] if the child remains under the care of, the adoption consent is needed. However, the Court of guardians may, due to special circumstances, rule adoption even despite the absence of the consent of the guardian, where this is necessary for the best interests of the child.

Article. 1201. [rules of contact] § 1. Before the judgment of adoption, guardianship may specify the manner and period of personal contact between the adoptive parent of przysposabianym.

§ 2. In the case of a determination of the contact in the form of custody shall apply mutatis mutandis the provisions of foster families, the total cost of ownership przysposabianego charged to the adoptive parent.

§ 3. If, however, by the adoption of the przysposabiany is to change the current place of residence in the Republic of Poland on the place of residence in another State, adoption can be granted after a period specified by the Court of guardians of the period of personal contact between the adoptive parent from przysposabianym in the previous place of residence przysposabianego or in another village in the Republic of Poland.

§ 4. In the exercise of supervision over the course of the contact of the adoptive parent of przysposabianym the Court of guardians using the adoption and, where appropriate, the subsidiary body in matters of guardianship.

Article. 121. [the rights and obligations arising from adoption] § 1. By adoption is formed between the adopter and adoptee the ratio as between parents and children.

§ 2. The adoptee acquires the rights and obligations arising from a family relationship in relation to the relatives of the adoptive parent.

§ 3. Cease the rights and obligations of the adopted deriving from kinship terms of its relatives, as well as the rights and obligations of those relatives.

§ 4. The effects of adoption, the descendants of the adopted.

Article. 1211 [Disable] § 1. Provision of art. 121 § 3 shall not apply to the other spouse, which the child has been adopted by the other spouse, or relative to the relatives of the spouse, in the event of the adoption after termination of the marriage by the death of the spouse.

§ 2. In the case where a spouse has prepared a child of his spouse after the death of the other parent of the adopted, the provision of art. 121 § 3 shall not apply in relation to the relatives of the deceased, if in the judgment of adoption Court guardianship so decided.

Article. 122. [Name of the adopted] § 1. Adoptee receives the name of the adoptive parent, if it has been adopted by the spouses together or if one of the spouses has prepared a child of the other spouse, the name, that are named either nosiłyby children born of this marriage.

§ 2. At the request of the person who has to be adapted, and with the consent of the adoptive parent the Court of guardians in the adoption decision decides that the adoptee will name complex with its existing name and surname of the adoptive parent. If the adopter or the adoptee is called a compound name, guardianship shall decide that the member name will enter into the composition of the adopted name. This provision shall not apply in the case of preparation of a new Act of birth of the adopted specifying the adoptive parents as his parents.

§ 3. At the request of the adoptive parent the Court of guardians may in its judgment of adoption to change the name or names of the adopted. If the adoptee completed thirteen years, this can only occur with your consent. Provision of art. 118 section 2 shall apply mutatis mutandis.

Article. 123. [effects of adoption] § 1. By adoption shall terminate the existing parental or care for the adopted child.

§ 2. If one of the spouses has prepared a child of the other spouse, parental responsibility are entitled to both spouses jointly.

Article. 124. [limitation of the effects of adoption] § 1. At the request of the adoptive parent and with the consent of the persons whose consent to adoption, the Court of guardians ruled that the effects of adoption to rely only on the formation of the relationship between the adopter and the adopted child. However, and in this case the effects of the adoption of the descendants of the adopted.

§ 2. It is not permitted to limit the effects of the adoption if the parents of the adopted expressed before the Court of guardians consent to adoption of the child, without identifying the person of the adoptive parent.

§ 3. At the request of the adoptive parent and with the consent of the persons whose consent to adoption, guardianship may during the period being the adopted change adoption granted pursuant to section 1 on the adoption, the effects of which are subject to the provisions of art. 121 – 123.

Article. 1241. [effects of parental consent for adoption] in the case of the parents of the adopted expressed before the Court of guardians consent to his adoption without indication of the person of the adoptive parent, it is not permitted to determine the origin of the adopted by the recognition of paternity, judicial determination or denial of his origin, determine the ineffectiveness of recognition of paternity.

Article. 125. [conditions for termination of adoption] § 1. For important reasons both the adoptee and the adoptive parent may request termination of the adoption by the Court. Termination of the adoption is not acceptable if the result it would suffer the welfare of the minor child. Declaring the termination of adoption, the Court may, where appropriate, to maintain in force the resulting maintenance obligations.


§ 2. After the death of the adopted or adoptive parent termination of adoption is not permitted, unless they died following the initiation of the action for termination of adoption. In the case of this in place of the adoptive parent in the process joins guardian established by the Court.

Article. 1251 [Inadmissibility solution adoption] § 1. Is not an acceptable solution adoption, on which the parents of the adopted expressed before the Court of guardianship consent without giving people the adoptive parent.

§ 2. Such adoption shall not prevent the adoption again for the life of the adoptive parent.

Article. 126. [effect of termination of adoption] § 1. Upon the termination of adoption cease its effects. If the solution occurred after the death of the adoptive parent, it is believed that the effects of adoption ceased upon his death.

§ 2. The adoptee retains the name acquired by adoption, and received in connection with the development name or names. However, for important reasons, the Court, at the request of the adopted or the adoptive parent may in the judgment of termination of adoption provide that the adoptee is back to the names that he wore before the judgment of adoption. At the request of the adopted Court about its return to the previously worn the name or names.

Article. 127. [powers of Attorney] an action for dissolution of adoption can bring also the Prosecutor.



SECTION III the maintenance obligation Art. 128. [maintenance] the obligation to provide the means of subsistence, and, where necessary, measures of education (maintenance) shall be debited to the relatives in the direct line or siblings.

Article. 129. [maintenance] § 1. The obligation to pay maintenance charges descendants before initial and preliminary before the siblings; If there are several descendants or ascendants-charge closer degree before proceeding further.

§ 2. Relatives in the same degree shall be debited to the maintenance obligation in parts corresponding to their commercial capabilities and interests.

Article. 130. [Priority maintenance spouse] the obligation of one spouse to provide means of support the other spouse after the termination or cancellation of the marriage or after separation judgment ahead of the maintenance obligation of relatives of a spouse.

Article. 131. [maintenance obligation in relation to the adopted] § 1. If the effects of the adoption are only of the relationship between the adopter and adoptee, the maintenance obligation in relation to the adopted shall be debited to the adoptive parent before initial and siblings adopted, and the maintenance obligation with respect to the preliminary and siblings shall be debited to the adopted only in the last place.

§ 2. If one of the spouses has prepared a child of the other spouse, adoption does not affect the maintenance obligation between the adopted child and the other spouse and his relatives.

Article. 132. [Transition obligation] principal maintenance obligation subsequently arises only when there is no person liable in the proximal sequence or when the person is not able to satisfy his obligation or when getting away from her at the time needed by authorized means of subsistence is impossible or connected with excessive difficulties.

Article. 133. [Obligation relative to the child] § 1. Parents must to maintenance with respect to a child who is not yet able to maintain himself/herself, unless the income of the child's property is sufficient to cover the cost of its maintenance and education.

§ 2. In addition to the above, an accident shall be entitled to maintenance is the only one who is in deprivation.

§ 3. Parents can waive the maintenance terms of an adult child, if they are combined with excessive harm to them or if the child does not endeavour to obtain possible support.

Article. 134. [set aside from maintenance] in relation to siblings may waive the obligation of maintenance, if they are combined with excessive harm to him or his immediate family.

Article. 135. [maintenance] § 1. The scope of maintenance depends on the justified needs of the holder, and from commercial and financial capabilities of the principal.

§ 2. The execution of the maintenance obligation in relation to a child who is not yet able to maintain itself or to a disabled person may rely wholly or partly on personal efforts to the maintenance or upbringing of the proprietor; in this case, the maintenance of the remaining required is implemented, in whole or in part, the cost of maintenance or upbringing of the entitled party.

§ 3. Social assistance benefits or the maintenance fund, referred to in the Act of 7 September 2007 for persons entitled to maintenance (OJ of 2009 No 1, item 7, as amended) to be recovered by the liable for maintenance and provide for foster family do not affect the scope of the obligation to pay maintenance.

Article. 136. [renunciation of property law] if, within the last three years before the judicial investigation of maintenance, a person who has already been to these benefits shall, without a valid reason has relinquished property law or otherwise committed to its loss or if surrendered employment or changed them on less profitable, no account shall be taken of the following, hence the change in determining the scope of the maintenance.

Article. 137. [Limitation] § 1. Claims for maintenance shall lapse at the end of the three years.

§ 2. Unmet needs of the holder of the time before bringing an action for alimony, the Court shall take into account the zasądzając the appropriate amount of money. In justified cases the Court may lay out awarded against the service.

Article. 138. [change relations] If you change the relationship, you can request to change the decision or agreement on the obligation to pay maintenance.

Article. 139. [Heirs] maintenance obligation does not pass to the heirs of the debtor.

Article. 140. [Optional provision] § 1. A person who provides another means of subsistence or education without being required to do so or as required for the reason that for the duration of the maintenance from the person liable in the closer or the same order would be authorized or connected with excessive difficulties, you may request a refund from the person who should have these benefits.

§ 2. The claim as provided for in the preceding paragraph are subject over three years.

Article. 141. [obligations of the father] § 1. Father who is not married to the mother is obliged to contribute in a size corresponding to circumstances to cover expenses related to pregnancy and childbirth and the cost of three-month maintenance of the mother during childbirth. For important reasons a mother may request the participation of the father in the costs of their maintenance for longer than three months. If as a result of pregnancy or childbirth, the mother has suffered other necessary expenses or specific property, it may require that the father covered the relevant part of these expenses or losses. The claims above have also to the mother when the child was born dead.

§ 2. The claim of the mother provided for in the preceding paragraph shall lapse at the end of three years from the date of delivery.

Article. 142. [Establish paternity] If paternity of a man who is not her husband's mother has been validated, the mother may request that this man even before the birth of a baby he laid out an appropriate amount of money for the costs of maintaining the mother for three months during the period of labour and the cost of maintenance of the child for the first three months after birth. Date and method of payment of this sum specifies the Court.

Article. 143. [No paternity] if the paternity of a man who is not her husband's mother, has not been established, both the child and the mother can assert claims to property related to fatherhood only simultaneously with the investigation of paternity. This does not apply to claims of the mother when the child was born dead.

Article. 144. [maintenance of the child and the stepfather] § 1. The child may claim maintenance from the husband of his mother, not his father, if this corresponds to the rules of social conduct. Such a child may do likewise in relation to the wife of his father, not his mother.

§ 2. The husband of the child's mother, not his father, may require the child maintenance payments, if contributing to the education and maintenance of the child, and request its corresponds to the rules of social conduct. Such likewise the wife of father of the child, not the child's mother.

§ 3. To the benefits provided for in the preceding paragraphs shall apply mutatis mutandis the provisions of the maintenance obligation between relatives.

Article. 1441 [set aside from the maintenance obligation] Must may waive the implementation of the maintenance obligation relative to the holder, if the maintenance request is contrary to the principles of social coexistence. This does not apply to the obligation of parents in relation to their minor child.



Title III of the care and guardianship and care of minors Chapter and the establishment of care


Article. 145. [the establishment of care] § 1. Care for a minor shall be in the cases provided for in title II of this code.

§ 2. Care establishes the Court of guardians, since only has the message that there is legal after reason.

Article. 146. [caring] Care is exercised by the guardian. Joint exercise of custody of the child, the Court may entrust only to spouses.

Article. 147. [Order of the Court] If the welfare of the remaining under the supervision of, the Court of guardians it seems necessary in order to protect his person or property up to the time of entry for care by a guardian; in particular the Court of guardians may lay down in order to do this, the curator.

Article. 148. [the guardian of a minor] § 1. It cannot be established by the guardian a person who does not have full legal capacity or has been deprived of public rights.

§ 1a. The guardian of a minor may not be established also a person who has been deprived of parental authority or convicted of an offence against sexual freedom or social morality or for an intentional crime of violence against a person or a crime committed to the detriment of a minor or in co-operation with it, or the person in respect of whom the Court stated the prohibition of activities related to bringing up, treatment, education of minors or caring for them, or the obligation to refrain from being in certain environments or places , a prohibition on contact with specific persons or ban on leaving a specific place of residence without the consent of the Court.

§ 2. It cannot be established by the guardian, in relation to whom there is a probability that fails to duly comply with the obligations of a guardian.

Article. 149. [guardian] § 1. When the the sake of welfare under the care of not ago prevent minor guardian should be established first of all the person named by the father or mother, if they were not deprived of parental authority.

§ 2. If a guardian has not been established by a person referred to in paragraph preceding, the guardian should be established out of relatives or other persons close under the care either of his parents.

§ 3. In the absence of such persons the Court of guardians asks for an indication of the person to whom the child care could be entrusted to the competent organizational unit of social assistance or social organization, to which the rights of minors, and if the remainder under the care of a resident in a nursing education or other similar institution, reformatory or in a shelter for minors, the Court may apply to the facility or to the plant or animal shelters.

§ 4. If necessary, the establishment of a care for the minor in custody, the court entrusts the care, mainly: 1) in the case of the placement of the child in a foster family – parents, 2) in the case of the placement of the child in the family house of the child – to lead the House, 3) in the case of the placement of the child in the facility nursing education family-type-people leading this base, 4) in the case of the placement of the child in the facility nursing education : socjalizacyjnej, specjalistyczno-therapeutic intervention, or regional educational institution-therapeutic-for persons close to the child – within 7 days from when the provisions on deprivation of parental authority.

§ 5. In the case referred to in article 1. 1191 § 1, shall not apply the provisions of § 1, 2 and 4, paragraph 4.

Article. 150. (repealed).

Article. 151. [establishment of one guardian for several persons] the Court of guardians may establish one guardian for several people, if there is no conflict between their interests. Care of the siblings should as far as possible, be entrusted to one person.

Article. 152. [obligation to care] Each, whom the Court of guardians will establish the guardian is obliged to care. For important reasons, the Court of guardians can exempt from this obligation.

Article. 153. [Cover care] coverage of care shall be effected by the deposit pledge before the Court of guardianship. A guardian should cover his duties immediately.



Chapter II exercise of care Article. 154. [the duties of guardian] the guardian is obliged to perform his activities with due diligence, as required under the good care of and public interest.

Article. 155. [Supervision of the Court], § 1. The guardian has custody of person and property under the care of; is subject to the supervision of the Court of guardianship.

§ 2. To custody shall apply mutatis mutandis the provisions on parental responsibility with the behavior of the following rules.

Article. 156. [Authorization of the Court] guardian should obtain permission of the Court of guardianship in all major matters that apply to the person or property of a minor.

Article. 157. [Curator] if the guardian is transient obstacles in the exercise of custody, guardianship may be laid down by the guardian.

Article. 158. [Inform the parents about important matters relating to the minor's] decisions in major cases that apply to the person or property of a minor guardian should inform his parents who participate in the celebration of the current custody of the person of a child and his upbringing.

Article. 159. [Disable squad] § 1. A guardian cannot represent the people under his care: 1) in legal acts between these persons;

2) when legal acts between one of these people and the guardian or his spouse, descendants, ascendants or siblings, unless legal action is free przysporzeniu to the person under care.

§ 2. The above provisions shall apply mutatis mutandis to proceedings before the Court or other authority of the State.

Article. 160. [to draw up an inventory of the estate] § 1. Immediately after taking care of the guardian is obliged to draw up the inventory of the estate of person not taken care of and present it to the Court opiekuńczemu. The above provision shall apply mutatis mutandis in the event of a subsequent acquisition of the dependant taken care of.

§ 2. The Court of guardians may release a guardian from the obligation to draw up the inventory, if such property is negligible.

Article. 161. [valuables] § 1. The Court of guardians may require the guardian to the judicial Deposit valuables, securities and other documents belonging to the remaining taken care of. These items cannot be received without the authorisation of the Court of guardianship.

§ 2. Cash under the care of, if it is not needed to meet its legitimate needs, should be made by the guardian in a banking institution. The guardian can make cash with the authorization of the guardianship court only positioned.

Article. 162. [remuneration of the guardian] § 1. The Court of guardians will grant Supervisor for care at the request of appropriate remuneration periodic or one-time salary on termination of care or release him from it.

§ 2. Remuneration shall not be granted if the effort of a guardian is negligible or when care is related to the performance of functions of foster family or meets the rules of social conduct.

§ 3. Remuneration coincides with the income or assets of the person for whom custody has been established and, if that person does not have the appropriate income or assets, salary is paid from public funds on the basis of the provisions on social assistance.

Article. 163. [payback] § 1. The guardian may request under the care of the return and expenses related to caregiving. Of this title shall apply mutatis mutandis the provisions of the order.

§ 2. These claims barred over three years from termination of custody or release.

§ 3. Provision of art. 162 § 3 shall apply mutatis mutandis.

Article. 164. [damages] Claim of person not under the care of the damages caused to the improper exercise of care are subject over three years from termination of custody or release.



Chapter III supervision of caregiving Article. 165. [rules of supervision of the caregiving] § 1. The Court of guardians perform supervision of caregiving, and to keep up with the activities of the guardian and giving him instructions and commands.

§ 2. The Court of guardians may request from the guardian clarification on any matter belonging to the care and presentation of documents relating to its exercise.

Article. 166. [part guardian] § 1. The guardian is obliged, within the periods marked by the Court of guardians, not less frequently than every year, that Court reports on people under the care of and bills from its property.

§ 2. If the income from the assets do not exceed the likely cost of living and education under supervision, guardianship may release a guardian from the presentation of detailed accounts of the Management Board; in the case of such guardian shall consist of only the General report on the Administrative Board.

Article. 167. [examination of the reports and accounts of the guardian] § 1. The Court of guardians shall examine the reports and accounts of the guardian in terms of meaningful and accounting, manages, if necessary, their amendment and supplement and decides whether and to what extent the Bills approved.

§ 2. Approval of the Bill by the Court of guardians does not exclude the liability of the guardian for damage caused to the improper exercise of the Board of Directors.


Article. 168. [Improper care] if the guardian does not duly care, guardianship will issue the appropriate orders.



Chapter IV Relief and cessation of care Article. 169. [release care] § 1. For important reasons, the Court of guardians may request a guardian release it with care.

§ 2. The Court of guardians shall indemnify a guardian, if due to obstacles of fact or legal guardian is unable to exercise care or permitted acts or omissions that violate the good under care.

§ 3. If the Court of guardians not decided to otherwise, the guardian is obliged to lead still urgent matters related to care until her embrace by the new guardian.

Article. 170. [termination of care under the law] when the minor reaches the age of majority or when restored will be over it parental care ceases under the law.

Article. 171. [continuation of casework] if, at the time of termination of care there is an obstacle to the immediate adoption of the Management Board of the estate by a person who was under the care of, or by its legal representative or heirs, the guardian is obliged to continue urgent matters related to the management of the estate, unless the Court of guardians determines otherwise.

Article. 172. [final Account] § 1. In the event of dismissal or termination of care guardian is obliged to submit within three months a final account of the Board of Directors.

§ 2. The final bill shall apply mutatis mutandis the provisions of the Bill.

Article. 173. [Exemption from the obligation to] the Court of guardians may release a guardian from the obligation to submit the final account.

Article. 174. [Putting assets] immediately after his release or after termination of care guardian is obliged to give to the person who remained in the care of, or her representative and counsel or the heirs of a managed property by that person.



TITLE II ubezwłasnowolnionym care completely Article. 175. [Incapacitated completely] to take care of ubezwłasnowolnionym completely shall apply mutatis mutandis the provisions of the care of minors with the behavior of the following rules.

Article. 176. [guardian] If the sake of welfare under the care of not ago prevent guardian ubezwłasnowolnionego completely should be established first and foremost, his spouse, and in the absence of his father or mother.

Article. 177. [termination of care] care of ubezwłasnowolnionym completely ceases under the law should the incapacitation or changes the total incapacitation on the partial.



SECTION III Guardianship Art. 178. [guardianship] § 1. The trustee shall be in the cases provided for by law.

§ 2. In terms of unregulated by the provisions which provide for the establishment of guardianship, shall apply mutatis mutandis to guardianship of welfare provisions without prejudice to the following.

Article. 179. [remuneration for the exercise of guardianship] § 1. A State authority, which has established a guardian, will grant him his request appropriate remuneration for the exercise of guardianship. Remuneration coincides with the income or assets of the person for whom the guardian is established and, if that person does not have the appropriate income or assets, remuneration covers the one who requested the establishment of a guardian.

§ 2. Remuneration shall not be granted if the amount of work the curator is negligible, and the exercise of guardianship meets the rules of social conduct.

Article. 180. [set aside the guardianship] § 1. Subject to the exceptions in the Act, the State authority, which has established a guardian, will repeal the tutor, when you come off it objective.

§ 2. If the guardian has been established to attend to individual cases, guardianship shall cease as soon as the completion of this case.

Article. 181. [termination of guardianship] § 1. Curator of the legally incompetent person is partly appointed to represent it and to the Board of its assets only if the Court guardianship so decides.

§ 2. Should the incapacitation guardianship is terminated by operation of law.

Article. 182. [to appoint a guardian for a child conceived] for a child conceived, but not yet nieurodzonego, the curator, if it is needed to safeguard the future of the rights of the child. Guardianship shall cease as soon as the birth of a child.

Article. 183. [to appoint a guardian for a disabled person] § 1. For a disabled person shall be custodian if the person needs help to carry out any matter or a particular kind of affairs or to attend to the individual case. The scope of the duties and powers of the Superintendent specifies the Court of guardians.

§ 2. The tutor shall be repealed at the request of a disabled person, for which it was established.

Article. 184. [to appoint a guardian for the person not present] § 1. For the protection of the rights of the person who due to absence may not lead their cases and there is no representative, the curator. The same applies if the delegate is absent cannot perform its activities or when they perform unduly.

§ 2. A guardian should first of all try to get to determine the place of residence of a person absent and inform it about the State of its affairs.

[1] Article. 41 section 2 in the version set by the article. 115 paragraph 1 of the law of 28 November 2014. The law on civil status acts (OJ No. 1741; ost.: OJ 2014.1888). Change came into force on March 1, 2015.

[2] Article. 7 § 3 is added to be fixed by the article. 115 section 2 of the Act of November 28, 2014. The law on civil status acts (OJ No. 1741; ost.: OJ 2014.1888). Change came into force on March 1, 2015.

[3] as amended by art. 1 paragraph 7 of Act of 19 December 1975 amending the family code and caring (OJ # 45, item. 234); on 27 May 1990. reception of claims about their stay at the divorced spouse name worn before marriage belongs to the properties of municipal as a commissioned, in accordance with article 5. 3, paragraph 5 (b). (f) Act of 17 May 1990 on the Division of tasks and responsibilities referred to in the special laws between the municipal authorities and the authorities of the Government and on amendments to certain laws (OJ # 34, poz. 198.) [4] on the basis of the judgment of the Constitutional Court of 25 October 2012 (OJ item 1218) art. 60 § 2 is compatible with article. 64 paragraph 1. 1 and 2 in connection with article. 31 para. 3 of the Constitution of POLAND, and is not incompatible with article 4. 65 paragraph 1. the Constitution of POLAND.

[5] on the basis of the judgment of the Constitutional Court of 25 October 2012 (OJ item 1218) art. 60 § 3 in conjunction with article. 60 section 2, in so far as it does not provide for the expiry of the maintenance obligation as a result of the passage of time, is consistent with the article. 64 paragraph 1. 1 and 2 in connection with article. 31 para. 3 of the Constitution.

[6] Article. 74 § 4 added by art. 115 paragraph 3 of the Act of 28 November 2014. The law on civil status acts (OJ No. 1741; ost.: OJ 2014.1888). Change came into force on March 1, 2015.

[7] Article. 90 § 1 in the version established by art. 115, paragraph 4 of Act of November 28, 2014. The law on civil status acts (OJ No. 1741; ost.: OJ 2014.1888). Change came into force on March 1, 2015.

[8] on the basis of the judgment of the Constitutional Court of 21 January 2014 (OJ item 135) art. 51 section 2 of the Act of 6 June 1997-the code of criminal procedure (Journal of laws No. 89, item 555, as amended) in conjunction with article. 98 § 2 paragraph 2 in conjunction with article. § 3 in conjunction with article 98. 99 of the Act of 25 February 1964-family code and caring (OJ of 2012.788, as amended) to the extent that disables the ability to perform by a parent of the minor-acting as the legal representative of a minor victim's as the rights in the criminal proceedings conducted against the other with his parents and introduces an obligation to establish for this purpose, the Superintendent, is compatible with article. 47 in relation to the article. 51 paragraph 1. 1, with art. 48 para. 2 in connection with article. 32 paragraph 1. 1 and art. 72 para. the Constitution of POLAND, and is not incompatible with article 4. paragraph 45. 1 in connection with article. 32 paragraph 1. 1 and art. 72 para. 3 of the Constitution.

[9] on the basis of the judgment of the Constitutional Court of 21 January 2014 (OJ item 135) art. 51 section 2 of the Act of 6 June 1997-the code of criminal procedure (Journal of laws No. 89, item 555, as amended) in conjunction with article. 98 § 2 paragraph 2 in conjunction with article. § 3 in conjunction with article 98. 99 of the Act of 25 February 1964-family code and caring (OJ of 2012.788, as amended) to the extent that disables the ability to perform by a parent of the minor-acting as the legal representative of a minor victim's as the rights in the criminal proceedings conducted against the other with his parents and introduces an obligation to establish for this purpose, the Superintendent, is compatible with article. 47 in relation to the article. 51 paragraph 1. 1, with art. 48 para. 2 in connection with article. 32 paragraph 1. 1 and art. 72 para. the Constitution of POLAND, and is not incompatible with article 4. paragraph 45. 1 in connection with article. 32 paragraph 1. 1 and art. 72 para. 3 of the Constitution.


[10] on the basis of the judgment of the Constitutional Court of 21 January 2014 (OJ item 135) art. 51 section 2 of the Act of 6 June 1997-the code of criminal procedure (Journal of laws No. 89, item 555, as amended) in conjunction with article. 98 § 2 paragraph 2 in conjunction with article. § 3 in conjunction with article 98. 99 of the Act of 25 February 1964-family code and caring (OJ of 2012.788, as amended) to the extent that disables the ability to perform by a parent of the minor-acting as the legal representative of a minor victim's as the rights in the criminal proceedings conducted against the other with his parents and introduces an obligation to establish for this purpose, the Superintendent, is compatible with article. 47 in relation to the article. 51 paragraph 1. 1, with art. 48 para. 2 in connection with article. 32 paragraph 1. 1 and art. 72 para. the Constitution of POLAND, and is not incompatible with article 4. paragraph 45. 1 in connection with article. 32 paragraph 1. 1 and art. 72 para. 3 of the Constitution.

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