The revisions and interpretations of the matrimonial property law is there a need for amendments to the regulations? Cover Image

Nowelizacje i interpretacje małżeńskiego prawa majątkowego – czy potrzebne są zmiany przepisów?
The revisions and interpretations of the matrimonial property law is there a need for amendments to the regulations?

Author(s): Mirosław Nazar
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: The Family and Guardianship Code; amendments; interpretations; shares in commercial companies; liability for obligations; separate property regime with compensation for gained possessions

Summary/Abstract: The findings of the present paper mainly concern the amendments to the provisions of the Family and Guardianship Code on the matrimonial property relations between spouses, as enforced by the act of 2004. The article discusses the course of works on the amendments conducted by the Law Codification Commission, the Sejm and the Senate. With reference to the critical appraisals of the amendments of 2004 and the proposals for changes in the regulations on property relations between spouses, restraint is needed as regards further amendments to the Family and Guardianship Code. While making use of the so-far achievements of the science of law and accounting for the judicial decisions, it is particularly advisable to continue the comprehensive interpretation of the regulations in force. What may, however, be considered are the amendments to the Family and Guardianship Code and the Code of Commercial Companies in order to ensure sufficient uniformity of both codes’ regulations on the acquisition and exercise of the rights attached to the shares in commercial companies. Changes are also needed in the regulations on the liability of spouses for obligations that are not a consequence of a legal action. Moreover, it is considered necessary to remove ambiguities and to correct the defects in the regulations on the regime of separate property with compensation for gained possessions.

  • Issue Year: 2014
  • Issue No: 06 (2)
  • Page Range: 31-73
  • Page Count: 43
  • Language: Polish