https://doi.org/10.21697/mj.15632
In Article 52 § 1a of the Polish Family and Guardianship Code, the legislator has provided, within the framework of the national legal order, the creditor of one of the spouses with the right to file a request for the court to establish a division of property. Generally speaking, this solution proposed by the legislator has, however, met with criticism in the relevant literature. The introduction of this regulation has thus revived the discussion within legal doctrine about the procedural situation of the creditor and the debtor, whose interests are typically in conflict. Furthermore, the issue of balancing legal goods is inherent in the discussed matter. It is, indeed, impossible to overlook the collision between the legitimate interest of the creditor in obtaining satisfaction of their claim and the sphere of the autonomy of the spouses' financial freedom.
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