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Pozycja wierzyciela przy dochodzeniu roszczeń wobec spółki jawnej od wspólnika i małżonka wspólnika

100%
Marciniak S.
Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland
|
2013
|
issue 1
109-120
EN
Pursuing claims against a general partnership is regulated by law in a specific manner, taking into consideration peculiar character of this entity. Creditor is able to lead court execution to assets of the general partnership. If that will not result in settling debts, creditor will be able to enforce the partner’s assets. In this case, the situation of the creditor is rather too complicated. There is possibility however, that it will be necessary to try to lead execution to the joint property of partner and his spouse. If such necessity occurs, then the situation of the creditor is much worse. Taking into consideration the last amendments to the applicable legislation, it is obvious that the legislator has changed priorities. Currently he is tending to protect wealth of family much more. The situation of the creditor trying to enforce the joint property of spouses is very hard nowadays.
2

Konsekwencje dokonania przez jednego z małżonków czynności prawnej w sferze prawnej drugiego małżonka

84%
Górecki W.
Rejent
|
2021
|
issue 8 (364)
27-49
EN
In this article, we can find a view criticism, according to art. 36 § 2 sentence 1 of the Family and Guardianship Code the contents of which serve to indicate that statutory mutual statutory representation of the spouses to make the activity of managing the assets of the spouses. In the author’s opinion a role of this provision is different. From art. 36 § 2 sentence 1 of the Family and Guardianship Code the authorization of each spouse results remaining in a joint marital property regime to exercise independently joint subjective rights towards third parties, i.e. the marital property subjective rights, including entitlement to disposal of these rights. In case of the legal acts obliging one of spouses to enter into financial commitment does not mean that another spouse is his/her party. In case of acquiring a property right by one of the spouses, its covering with the joint property of the spouses is a consequence of obliging art. 31 § 1 sentence 1 of the Family and Guardianship Code, and also art. 33 point 2 in fine of the Family and Guardianship Code.
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