Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 1 Rejent

Authors help

  1. 1 Zakrzewski P.

Years help

  1. 1 2024

Results found: 1

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  retroactive effect of the marital property contract
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

Skutek rozporządzający małżeńskiej umowy majątkowej

100%
Zakrzewski P.
Rejent
|
2024
|
issue 7 (399)
44-68
EN
The concept of a marital property contract has been controversial in the literature and jurisprudence of the Supreme Court for years. The dominant view assumes that it is the so-called organizational agree-ment that organizes the property relations of the spouses. German law had a significant impact on the development of such a concept of a marital property contract in Polish law. The German marriage con-tract is an agreement that regulates the property relations of the spouses. However, adapting the German concept of a marital property contract is insufficient, because under Polish law it is important to deter-mine whether and on what terms a marital property contract may also apply to existing property items and have dispositive effect on them? In Polish science, there has been a significant modification of the marital property contract, which is not known to German science. It consists in giving the marital pro-perty agreement retroactive effect. Such an agreement therefore rearranges the property relations of the spouses with retroactive effect and, in a hidden way, has a dispositive effect. The concept of a retroac-tive matrimonial property agreement is interesting, but it has no clear legal basis and its effects vis-à-vis third parties are limited. However, a matrimonial property contract with retroactive effect exists in Hungarian law. The presented concept of a marital property contract is not the only one presented in the literature. Another is a marital property contract of a dispositive nature, which refers to French law. Both of these concepts of a marital property contract do not deserve support. I propose the concept of a marital property contract with an ordering function, the conclusion of which may also have ex lege di-spositive effect pursuant to Art. 48 in connection with Art. 31 § 1 of the Family and Guardianship Code Future changes should explicitly introduce such regulation.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.