The gloss refers to the Supreme Court's judgment, which states that in case of judicial division of jointly owned property, court – while calculating the value of component of property which is charged with a mortgage – does not include the decrease of market value of the component triggered off by the mortgage. Presenting the analysis and evaluation of the Supreme Court’s argumentation, the Author concerns also judicial doctrine’s opinions
and presents own argumentation in favour of the correctness of the view adopted in analyzed judgement.
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