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

100%
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.
2

Pozbawienie władzy rodzicielskiej — kara dla rodziców czy narzędzie niesienia pomocy dzieciom?

80%
Stępień M.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2017
|
vol. 22
81-94
EN
The aim of this article is, first of all, to analyse Polish law in relation to the institution of deprivation of parental authority, and secondly, to decide, on the basis of the analysis, whether this institution serves as a punishment for parents or it is a kind of tool for helping children. Deprivation of parental authority is the measure of the deepest interference with the relationship between the parents and the child. As a consequence of using it, parents lose all attributes of that authority. Legal prerequisites of deprivation of parental authority are divided into obligatory and facultative. The analysis of legal regulations shows that the spoken legal measure was conceived as a tool for helping children.
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