Published: 2025-07-14

The practical significance of the principles of social coexistence in the context of adjudicating cases for the establishment of marital property separation at the request of a creditor

Jakub Sekuła
"Młody Jurysta" Czasopismo Studentów i Doktorantów Wydziału Prawa i Administracji UKSW
Section: Artykuły
https://doi.org/10.21697/mj.15632

Abstract

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.

Keywords:

principles of social coexistence, partition of joint property, establishing a regime of separation of property, creditor, debtor

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Citation rules

Sekuła, J. (2025). The practical significance of the principles of social coexistence in the context of adjudicating cases for the establishment of marital property separation at the request of a creditor. "Młody Jurysta" Czasopismo Studentów I Doktorantów Wydziału Prawa I Administracji UKSW, (1), 3–18. https://doi.org/10.21697/mj.15632

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