KRADZIEŻ CZY PRZYWŁASZCZENIE RZECZY RUCHOMEJ Z MAJĄTKU WSPÓLNEGO (WSPÓŁWŁASNOŚCI)?
THEFT OR MISAPPROPRIATION OF A TANGIBLE ASSET AS THE MATRIMONIAL PROPERTY
Author(s): Tomasz TyburcySubject(s): Criminal Law, Civil Law, Penal Policy, Court case
Published by: Uniwersytet Adama Mickiewicza
Keywords: Theft; misappropriation of a tangible asset; matrimonial property;
Summary/Abstract: According to the dominant opinion in the case-law, the spouse who disposes of the assets included within the matrimonial property against the will of the other spouse commits either a theft or misappropriation, depending on which party (the perpetrator or the victim) controls the assets in question. There is, however, a minority view according to which it is not possible for a spouse to commit a crime of stealing assets included in the matrimonial property and any unlawful appropriation of such assets by a spouse must be qualified in accordance with Article 284 par. 1 of the Penal Code. Both positions have their basis in the understanding of the notion of ‘possession’ as a subject of protection under the legal provisions in which offences against property are defined. It is generally accepted that what matters is the factual ownership of a given object, but there is no agreement in the literature as to the uniform definition of this ownership.
Journal: Ruch Prawniczy, Ekonomiczny i Socjologiczny
- Issue Year: 80/2018
- Issue No: 3
- Page Range: 75-85
- Page Count: 11
- Language: Polish