Normatywne modele rozwodu notarialnego - uwagi de lege ferenda

The tensions that exist between the principle of autonomy in private law and the guarantee of child protection and the permanence of marriage di sappear when the model of divorce on the ba-sis of a legal action is properly shaped. The divorce agreement has specific and extensive effects, affecting the personal sphere, marital status and the legal situation of third parties. Sensitive issues focus, among others, on the model of notarial divorce and the scope of the agreement of the divorcing spouses. The paper analyzes four hypothetical models of divorce with the participation of a notary. The contractual option was considered optimal. Under it, the notary would carry out an assessment of the content and effects of the documented legal act in terms of non-compliance with the law /including the principles of social intercourse/. The contractual dissolution of marriage would be led by a sequence of events, which would begin with a notarial protocol that would inc-lude a consensual request by the spouses to draft a divorce agreement in the form of a notarial de-ed. When performing this notarial act, the notary would give explanations on the mode and con-sequences of the divorce and include a note in the protocol about the time for reflection. After the expiration of the time for reflection, the parties would enter into a divorce agreement in the form of a notarial deed. The notary would then make the appropriate registration using an ICT system. According to the author, making a division of joint property should not be one of the prerequisites for the permissibility of dissolving a marriage before a notary. The article further calls for a special regulation of defects in the declaration of intent when conclu-ding a divorce agreement. This is because it would be inappropriate to leave the possibility of que-stioning the validity of a divorce agreement on this ground after many years. This is a consequence of the peculiar nature of this agreement.