Polemika wokół kodyfikacji prawa rodzinnego i opiekuńczego w II Rzeczpospolitej

Abstract

The article deals with the matter of codification of family law in interwar Poland, particularly with the projects of Law on relations between parents and children, which were treated by Codification Committee in 1934 and 1938. It is divided into three parts. First part describes the course of the works of Codification Committee over the projects and their authors. Subsequently, the author makes the schedule of main principles of above mentioned projects. The third and the last part, which seems to be the most interesting deals with public, especially press polemics around the decisions of projects. Although works over the unified family law already rolled from 1925 the family law has not been finally codified before the World War II. Presented projects seemed to be the test of the compromise among the traditional comprehension of the family and evolving notion of the protection of the human and child rights. Dealing with such an important sphere of the social life they became the basis of the lively discussion, gaining both fanatic followers as well as enemies. The proposals of improvement of illegitimate children’s status deserve some special attention as they also called out numerous voices demanding to maintain the status quo in the aim of the protection of the institution of the marriage. Nevertheless, as the author of the project replied: “Who is admitted to pour his blood in the defence of the state and pays taxes equally with others – can not be refused any subjective public or private laws”. These words seems to be the leading idea of both projects.