The Rules on the Administration of Community Property in Poland
University of Gdańsk School of Law; Stępień-Sporek, Pawelski, Stoppa Spółka Partnerska Kancelaria Radców Prawnych i Adwokatów (Law Office)
Stępień-Sporek, Pawelski, Stoppa Spółka Partnerska Kancelaria Radców Prawnych i Adwokatów (Law Firm)
Indiana University Robert H. McKinney School of Law
February 2, 2012
International Survey of Family Law, 2012
The Polish rules on the administration of marital common property underwent significant changes in 2005. Previous regulations, having their roots in the pre-1989 communist regime of Poland, appeared insufficient for the current capitalist economy and today’s dynamically developing society. The previous management of common property, based on the unclear dichotomy between ordinary and extraordinary actions, created practical judicial problems and undermined the stability of legal relationships established without the consent of the other spouse. The new law, based on the general principle of self-management except for particularly important actions, seems preferable, although it is not completely free of shortcomings and still requires periodic review. This article describes the most notable differences between the old and new rules on the administration of common marital property, and introduces readers to the field of the administration of common property pursuant to the relevant new regulations.
Keywords: family law, domestic relations, property law, community property, community of property, marital property, common property, administration of marital property, marital property regimes, Europe, Poland
Date posted: February 6, 2012 ; Last revised: March 5, 2013
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