Transfer real estate from joint estate of spouses to personal assets in light of judgments and views of doctrine Cover Image

Przenoszenie nieruchomości z majątku wspólnego małżonków do majątku osobistego w świetle orzecznictwa poglądów doktryny
Transfer real estate from joint estate of spouses to personal assets in light of judgments and views of doctrine

Author(s): Anna Urbańska-Łukaszewicz
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: family and guardianship code; spouses property matrimonial agreement; transfer real estate between spouses property; real estate; restrictions on the disposal of real estate; creditors protection

Summary/Abstract: The article concerns transfer object between spouses property. After researching it was found that spouses can move real estate between them with civil law contracts. Sometimes it is also the effect of the matrimonial contract, for example when spouses agree that the components of personal assets, will come to the joint estate. But the purpose of the matrimonial contract itself is not moving objects, only the organizational changes in the matrimonial system of spouse. Transfer real estate always needs a form of a notarial deed. Polish law also introduces some restrictions on the transfer this objects and protection of creditors of the spouses. In the literature, however, there were de lege ferenda postulates that the discussed issue should be expressly regulated.

  • Issue Year: 2014
  • Issue No: 05 (1)
  • Page Range: 171-191
  • Page Count: 21
  • Language: Polish