O obowiązku alimentacyjnym między rozwiedzionymi małżonkami
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Date
1989
Authors
Advisor
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Of support obligations between divorced spouses
Abstract
The Supreme Court's Guidelines of Dec. 16, 1987 encourage to examine once
again some basic questions concerning the duty of alimony between the divorced
spouses. The analysis of the Guidelines is preceded by the presentation of main
views expressed in Polish legal writings with respect to ex-spouses' support obligations.
Thus, the author distinguishes four groups of problems:
1) Attention should be focused on the question about the source of support
obligations between the ex-spouses. Some authors maintain that such a source
should be seen in the very fact of divorce. However, the author subscribes to
a prevailing view that the source of the divorced spouses' duty of alimony is
their former marriage. The Guidelines support the latter view.
2) Related to the above is the question whether there exists a marital duty of
support during the marriage. The author answers in the affirmative. He analyses
the marital duty of contribution to the support of the family, (Art. 27 of the Family
and Guardianship Code) referring frequently to other views expressed in legal writings.
3) According to Art. 60 of the Family and Guardianship Code, a distinction
should be made between a regular and qualified duty of support. A qualified duty
of support (Art. 60 § 2 of the Family and Guardianship Code) is vested in a spouse
considered to be solely guilty of the breakdown of marriage. The author analyses
the premises of a qualified duty of support. In his opinion, the Guidelines have
shed light on some important matters. The most important was the explanation of
the statutory formula that the innocent spouse, whose material situation deteriorated
considerably in consequence of the divorce, may demand that the solely guilty spouse should contribute to the satisfaction of the justified needs of the innocent
spouse, even though the latter is not in poverty.
4) In the last part of his article the author considers the premisses of prolonging
the 5-year-period of the duty of alimony between innocent spouses (Art.
60 § 3 of the Family and Guardianship Code).
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 51, 1989, z. 1, s. 17-33