Kilka uwag na temat nowelizacji Kodeksu rodzinnego i opiekuńczego dokonanych w ostatniej dekadzie
Some reflections upon amendments of the family and guardianship code entered into force during last decade

Summary/Abstract: This article is devoted to the several institutions of Polish family law which are the results of the amendments of The Family and Guardianship Code entered into force during the last decade. The advantages and disadvantages of following regulations were presented: the spouse’s objection to a planned act of management of common matrimonial property (art. 361), the separation of property established upon demand of one spouse’s creditor (art 52 § 1a), the validity of marriage settlement in the relations with third party (art. 471), the acknowledgement of fatherhood (art. 74 and next) and the maintenance of an adult child (art. 133). It is worth to be mentioned that matrimonial property regimes is a very difficult area of regulation because the legislator must take into account the interest of each of spouses, the interest of whole family and the interest of third parties, especially spouse’s creditors. To keep balance between this values is a challenge. The author of this article underline the importance of the amendment of Polish family law concerning the maintenance of an adult child. Current regulation is much more just for the parents of an adult child than the previous one. To sum up, the author concluded that soon Polish legislator will have to answer to some fundamental questions concerning family law because of the new Civil Code which is being prepared.

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