Definicja wykonywania zarządu majątkiem wspólnym małżonków a czynność prawna prowadząca do nabycia przedmiotu majątkowego do tego majątku
Definition of exercising the management of joint matrimonial property and legal actions leading to the acquisition of assets to that property

Summary/Abstract: The paper analyses the provision of Article 36 section 2 sentence 2 of the Family and Guardianship Code, which provides that „The exercise of management covers actions regarding items of joint property, including actions aimed at preserving that property”. This provision is the source of serious interpretation problems in the doctrine. In particular, the disputable issue is, if this provision establishes a legal statutory definition, and if it is so, what kind of definition it is: exhaustive or not. Another problem is whether the above mentioned provision includes the legal actions leading to the acquisition of assets to the joint atrimonial property. According to the Author’s opinion, the second sentence of Article 36 Section 2 of the Family and Guardianship Code establishes a legal statutory definition and this definition is exhaustive. The Author also argues that in principle the definition doesn’t include legal actions leading to the acquisition of assets to the joint matrimonial property. In the Author’s opinion, intention of the legislator who established above mentioned definition was not to construct it in a way excluding from its scope the legal actions leading to the acquisition of assets to that property. For that reason, for this category of legal actions the application of provisions on the management of joint matrimonial property is admissible by analogy.

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