Monitor Prawniczy

no. 1/2015

Limitation of the sanction of invalidity of a legal action

Marcin Drewek
Asystent w Katedrze Prawa Cywilnego i Bankowego WPiA UMK w Toruniu.
Abstract

This gloss is an attempt to refer to the problem of admissibility of the sanction of invalidity of a part of a legal transaction to marital agreements basing on the actual facts as in the Supreme Court decision of 19 April 2012, IV CSK 449/11. In particular, the article raises the issues of admissibility and manner of applying the provision of Art. 58 § 3 of the Civil Code to marital agreements, and the impact of an intention of the parties to circumvent the law on establishing invalidity of the whole or a part of a legal action. As a matter of principle, it is admissible to limit the sanction of invalidity basing on the fact of circumvention of the law to a part of a marital agreement. However, it is necessary to take into consideration the intention of the parties, the unlawful effects which may arise, as well as the contractual provisions basing on which such effects may arise. In this light, the Supreme Court decision should be approved.