Dylematy nowelizacji kodeksu rodzinnego i opiekuńczego z 17 czerwca 2004 roku na przykładzie art. 361 k.r.o. aspekty procesowe
The dilemmas of the amendment of the family and guardianship code from 17 June 2004 on the example of art. 361 f.g.c. The case aspects

Summary/Abstract: Issues related to the management of the common property of the spouses are the subject of this paper. This article presents a standpoint, according to which actions in connections with legal proceedings are, inter alia, examples of the above mentioned management activities. Based on this assumption, the authors have analyzed some aspects connected to the issues regulated by Art. 361 of Family and Guardianship Code, which regulates the objection of a spouse to an activity of the common property management, intended by the other spouse. Therefore, the paper discusses such issues as: the recipient and the form of the objection to the intended action before the court, the consequences of such an action in spite of the objection, as well as issues related to the protection of third parties. Highlighting numerous doubts occurring in connection with the interpretation of Art. 361 of the Family and Guardianship Code, the need for a renewed discussion on the shape of the legal regulations concerning matrimonial property regimes has been indicated.

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