Property components belonging to a joint property of spouses specified in the Family and Guardianship Code are an exemplary calculation and in the context of Deputy’s obligation to disclose financial assets, each of the components requires a separate interpretation. According to the interpretation of the Bureau of Research, a Deputy staying in a spousal property partnership should disclose income received by the spouse in pecuniary resources held on the date of filing the financial declaration. If the property is a part of the spousal property partnership, it must be indicated in the Deputy’s property declaration.
The author of the opinion claims that a Deputy who makes a statement about his/her financial condition, should include information about insurance policy on life as financial resources, which are the subject of art. 35 (1.1) of the Act on Exercise of the Mandate of a Deputy and Senator (in point I of the form of the statement). The obligation of presenting such policy exists only when an insurance contract makes verification of the amount currently being on the account of the insured person possible and that person can manage the funds col‑ lected on the account. A Deputy who does not declare such insurance policy, might be subject to criminal liability, if the not declaring that part of his/her finances was intentional. In such a case, a Deputy might be also subject to statutory responsibility.
Assignment is the transfer of rights deriving from the insurance contract, which means that the entity to which the transfer is made becomes administrator of the rights to the subject of the assignment. The Deputy as an assignor in the case of assignment the rights under life insurance policies at bank does not have to demonstrate it in the Section I of declaration of property status (“Money stock”), but the Deputy should take it in into account in Section XI (“Monetary liabilities”) to demonstrate the conditions under which the loan was granted, ie. the obligations to the bank.
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