Węzłowe zagadnienia zarządu majątkiem wspólnym. Analiza dogmatyczno-prawna. Część I - Zagadnienia ogólne
The dogmatic and legal analyse of spousal governance of joint property of husband and wife part one - general issues

Summary/Abstract: The authors of the paper looked at the institution of family law, which, although it enjoys a great interest in literature, still raises doubts in quite elementary aspects. Once again, an attempt to analyse the dogmatic and legal structure of spousal governance of joint property of husband and wife was taken up. Due to the scope of the text it is divided into two parts. The first part is devoted to general issues associated with the management of spousal joint property, which provide an introduction to further detailed consideration. The starting point for the idea of governance and the consequences of its improper performance is the characteristics of statutory joint property. The adoption of such a structure was determined by subsequent considerations, since it is difficult to point out problems associated with the management of a given estate without specifying what this management is to concern. What proved to be extremely important is also a brief demonstration of the historical background and the way of development of the concept of executing governance, which eventually found its expression in the amendment of 2004. In this section, some room was left for a model indication of obligations which encumber spouses, and which directly or indirectly determine the direction of the management of jointly generated estate. The second part of the publication focuses on the substantive legal issues and concerns that arise in the course of executing governance.

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