Małżeńskie prawo majątkowe – uwagi krytyczne
Matrimonial property law – critical comments

Summary/Abstract: The article discusses the effects of significant amendments to matrimonial property law, which took effect in 2004. Amendments to legal provisions adopted in the era of real socialism and lack of business freedom of citizens in the free market were necessary, especially as far as the managing of joint matrimonial property components by each of the spouses is concerned. The author criticises some legal solutions, including without limitation, the lack of regulations governing the property management effects in the case of the effective opposition of the other spouse (article 361of the Family and Custody Code). Similarly, the author sees the need to change solutions regulating expansion of the spouses’ liability under the joint matrimonial property regime for liabilities which were contracted without the other spouse’s consent and for liabilities not arising from an act in law (e.g. alimony, compensation resulting from tort, unjust enrichment, etc.). As regards the above, the author is of the opinion that article 41.2 of the Family and Custody Code should be changed. Furthermore, the author is strongly against the standpoint that under the applicable law, it is possible to have the contractual matrimonial property regime of the spouses expanded and simultaneously limited with respect to specific components. The existing provision regulating the contractual regime selection allows only for the selection of one of the regimes specified in article 47.1 of the Family and Custody Code. Here the property agreement effectiveness towards creditors matters since only that type of the agreement should be known to them (article 471of the Family and Custody Code).The demand for the free selection of the property regime by the spouses e.g. a mixed or combined one, could be fulfilled provided that other provisions regulating that issue are harmonised. The author could agree with the standpoint urging for more comprehensive and detailed regulations on the separate matrimonial property regime with levelling of gained property. It would be beneficial to protecting the basic conditions of the family existence and to protecting an economically weaker spouse

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