
The author focuses on the issue regulated in art. 151
§ 1 pkt 3 of the Family and Guardianship Code, according to which a marriage may be annulled if the declaration on
entering into the marriage or the declaration provided for in art. 1 § 2 of the Family and Guardianship Code was made under an unlawful threat from the other or a third party if it
follows from the circumstances that the person making the declaration could have feared that he or another person was in serious personal danger. In part 2 of the paper, regarding views presented by the judicature and the legal scholars, the author discusses statutory conditions of a threat as a defect in a declaration of a person entering into the marriage; she also criticizes some widely accepted conclusions and formulates proposal for the future.