Funkcjonowanie ustawowego ustroju majątkowego małżeńskiego w odniesieniu do rodzinnych zakładów produkcyjnych
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Date
1985
Authors
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Functioning of the statutory system of matrimonial property rights with reference to functioning of family producing firms
Abstract
The system of joint property reveals, apart of positive features, several vices
as well. These are particularly conspicious in the aspect of managing joint property
and spouses' liability for debts. Complications can appear especially in those
situations when family owned producing firms are a part of joint property.
If one can nevertheless adopt a possibly wide understanding of acts of ordinary
management of joint property, then family owned producing firms can efficiently
operate within joint property of a normally functioning family. The system enables the spouses to use profits derived from such firms already in the time of joint
property existence. Only in case of the most important acts as alienation, burdening
and several others the cooperation of spouses must be required.
In absence of consent for management between spouses, the spouse whose
rights in joined property are being injured can demand a protection provided by
law. Yet the spouse devoid of appropriate qualifications or a trade license is not
competent to demand a court ruling depriving the second spouse of management
rights in joint property (art. 40 of Family and Guardianship Gode F.G.C.). He can
only demand to have the spouse obliged to divide profits derived from running
a family owned producing firm, and also in case of damage incurred by acts of
the spouse, to have him redress ithe damage, on the grounds of art. 415 of Givi]
Code (C.C.). If those measures prove to be not adequate, the spouse can demand,
in the last resort, a judicial dissolution of matrimonial property community (art.
52 F,G.C).
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 1, s. 69-82