https://doi.org/10.21697/im.2025.36.2.09
The subject of the commentary is the resolution of the Supreme Court of 16 November 2023, issued as a result of a cassation appeal, annulling the resolution of the District Court in Ł. regarding the determination of shares in the joint property of spouses after the termination of the community of property (article 43 § 2). The Supreme Court, making a linguistic and systemic interpretation of article 43 § 2, does not exclude the recognition of the fault of the breakdown of the marital life as a valid reason being a premise for ruling unequal shares in the joint property. In the opinion of the Supreme Court, the "valid reasons" specified in article 43 § 2 do not have to refer exclusively to property issues but may concern various circumstances that the court in the proceedings on the division of property considers so important that it will allow for a departure from the principle of equal shares of spouses in the joint property.
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