Divorces from the USSR

The decree of February 3, 1947 is the legal basis for recognizing divorces granted on the basis of the provisions of Soviet law by the USSR authorities to Polish citizens in the period from September 1, 1939 to January 29, 1946 in the areas incorporated into the USSR under the agreement on the Polish-Soviet state border from 1946. Such divorces are therefore recognized by law. This regulation is important because it is a special provision in relation to Art. 17 points 3 of the Act on the law applicable to private international relations of 2 August 1926. This article provides that if the authorities of a foreign state did not apply Polish law to the divorce of Polish citizens, then such a divorce decree is not subject to recognition or enforcement in the territory of the Republic of Poland. On the basis of the Decree of 1947, it is possible to recognize a decision issued in the case of Polish citizens, even though the basis for such a decision was foreign law.