The Supreme Court in itsjudgment of December 11, 2018 (referencenumber IV CNP 31/17) statedthat no damagesweredue for maritaldecree. At most, youcanapply for a divorce with the guilt of the spousewhocommittedbetrayal for the breakdown of your life.
The sentencepassed in a casethatconcerned a manwhosewifewithouthisknowledgebetrayedhimthroughouthismarriage with hisowncolleague. Moreover, 4 childrenwereborn as a result of betrayals. Eventually, the marriageended in divorce, and the betrayedmandemandedcompensation from his ex-wife and herlover.
The Supreme Court stated in the Polishlegal system that the award of damages for treason was possiblepursuant to art. 29 of the decree of 25 September 1945 Marriage law (Journal of Laws 1945.48.270), which was in forceuntil 30 September 1950 (Article 1 § 2 point 1 of the Act of 27 June 1950. Provisionsintroducing the Family CodeDz .U.1950.34.309). According to itswording, in a divorcedecree, the court, upon the request of aninnocentspouse, willmake the spousepaydamages for the damagecaused by the divorce, and in particular for the loss of benefitsresulting from the matrimonialpropertycontract, and for actsthat form the basis of the divorcedecree ; in addition, the courtmay grant compensation for moralharm. In the currentlegalstate, family law does not establishsimilarclaims to protect the tiesbetweenspousesorkinshiprelationships. Therefore, the award of compensation for betrayalisunacceptable.
Whatismore, the Supreme Court pointed out that the behavior of a wife’slover (having sex with anunhe happy wife) was not prohibited by law, and therefore one can not be heldresponsible for damages.
Thisverdictsuggeststhat the obviousharm to the injuredman and the lack of provisionsprotectinghispersonalrightsshouldresult in the intervention of the legislator