ZAKRES SWOBODY INTERCYZY W ZNOWELIZOWANYCH PRZEPISACH KODEKSU RODZINNEGO I OPIEKUŃCZEGO
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Date
2008
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Wydział Prawa i Administracji UAM
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THE SCOPE OF FREEDOM OF A MATRIMONIAL AGREEMENT IN THE AMENDED PROVISIONS OF THE POLISH FAMILY AND GUARDIANSHIP CODE
Abstract
The most recent amendments to most of the provisions of the Polish matrimonial property law
(2005) and the new contents of article 47 § 1 of Polish family and guardianship code support the claim
that there is a need for a new construction of this legislation. The new interpretation of the amended
provisions presented in this paper has considerably enlarged the scope of freedom of the matrimonial
agreement, which corresponds with the new social and economic situation in Poland. The author
postulates, firstly, to take into consideration the admissibility of a conditional matrimonial
agreement, the matrimonial agreement for a specific period of time and the mixed matrimonial
agreement that combines the enlargement of common property with the limitation of its scope, but
only in relation to different periods of time. Secondly, there are also a number of important legal and
social factors that support the claim for consideration of the admissibility of a combined matrimonial
agreement which relates directly to one legal relation. This theory is supported in particular by recent
amendments to the legislation of our neighbours: Russia and the Czech Republic.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 2, s. 31-46