Monitor Prawniczy

no. 12/2015

Determination of unequal shares in marital contractual property by court. Intertemporal issues

Krzysztof Mularski
adiunkt na Wydziale Prawa i Administracji UAM
Abstract

The intention of this article was, first, to examine on the basis of which regulations (“old” or “new”) unequal shares in marital property arising from a contract signed under the rule of the “old regime” may be determined by court. As a result of the analysis relevance of “new” regulations was acknowledged, i.e. the Family and Guardianship Code in its current wording (Art. 43 § 2 and 43 § 3 in conjunction with sentence 2 of Art. 501 of the Family and Guardianship Code). In their work, the researcher’s used a proprietary concept of interpreting intertemporal regulations, which proved adequate for the resolution of the research problem.