Contracting Marriage by Proxy in the Seventh-Day Adventist Church in the Republic of Poland
The internal law of the Seventh-day Adventist Church in the Republic of Poland is the Church Manual, which has existed in its present format since 1932, incorporating changes voted at the General Conference Session held in 2015 in San Antonio, United States. The Church Manual deals with marriage; ho...
| Published in: | Conclusion of marriage by proxy in the internal law of churches and other religious associations |
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| Main Author: | |
| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Libreria Editrice Vaticana
2018
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| In: |
Conclusion of marriage by proxy in the internal law of churches and other religious associations
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| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Poles
B Marriage law B Adventists |
| Summary: | The internal law of the Seventh-day Adventist Church in the Republic of Poland is the Church Manual, which has existed in its present format since 1932, incorporating changes voted at the General Conference Session held in 2015 in San Antonio, United States. The Church Manual deals with marriage; however, it does not expressly regulate the question of contracting marriage by proxy. It follows from passages contained in the said law that Adventist law takes into account secular regulations as regards marriage as long as such regulations are compatible with the Divine laws, as the Divine law has presedence. Since, with regard to contracting a marriage, the internal laws of the Seventh-day Adventist Church in the Republic of Poland impose taking into account the secular law regulations, and the Polish law allows for the possibility of contracting a marriage by proxy and also extends this institution upon the submission of a statement of will as to the simultaneous submission of denominational marriage to the Polish law, then - in accordance with the interpretation prepared within the community - it must be deemed that the Adventist church law also permits such an option. A decision in this regard is made by a senior minister (ordained), who is to officiate at the ceremony. The statement that the internal law of the Seventh-day Adventist Church in the republic of Poland allows for the contracting a marriage by proxy because such a format is admissible under the Polish law begs the question of how this institution operates under the family law, as applicable in Poland. Who can be a proxy and what should the instrimunt of proxy contain? Under Polish law, is any activity on part of the proxy required within the framework of acts preceding the contracting of a marriage, in particular, before a registar, and does the proxy have any role in the court proeedings for granting leave for matrimonium per procura? As regards the last aspect, i.e. review by the Court of the admissibility of contracting marriage by proxy, one cannot refrain from asking the question: how far does the court's jurisdiction go in such matters? Can the admissibility of contracting marriage by proxy under the internal laws of churches and denominational organizations be the subject of state court findings? The article, by providing a concise description of the Seventh-day Adventist Church in the Republic of Poland and presenting theory and practice existing as regards the discussed matter within the Church in question, is an attempt to provide a response to these questions |
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| ISBN: | 8826601852 |
| Contains: | Enthalten in: Conclusion of marriage by proxy in the internal law of churches and other religious associations
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