This paper concerns Franciszek Ksawery Szaniawki and his interpretations of legal regulation
of divorce in the Napoleonic Code. In 1808 the Napoleonic Code was enforced
on territory of the Duchy of Warsaw. This modern civil code included regulations of divorce
unknown to the traditional polish law (there was no institution of divorce). Soon
it appeared that polish society, especially the Catholic Church but not only, is strongly
opposed to divorce in newly restored Polish State. Franciszek Ksawery Szaniawski was
both catholic priest and state official working in The Ministry of Justice. As a very first
translator of Napoleonic Code into polish language, he took part in national debate on
reulation of divorce in Napoleonic Code. Franciszek Ksawery Szaniawski pointed out
several general disadvantages of divorces i.e. ruining of a family life, negative impact
on social customs and behaviour and uncertain future of children whose parents divorced.
In spite of these disadvantages F.K. Szaniawski stated, however, that institution
of divorce, used under limits protected by judges in Polish Courts, is highly compatible
with other provisions of the Napoleonic Code and shouldn’t be wiped out of the
Code. According to Szaniawski divorce can be apply only when it is necessary and in
a very precise and narrow way. That way of thinking on divorce was very uncommon
for a Catholic priest. Szaniawsk eventually popularized new hybrid idea of marriage in
the Duchy of Warsaw reflecting its religious and civil aspect [email protected] Warszawsk
