Abstract

A request made in the course of judicial proceedings for the division of marital property to effect physical division of a realty being a part of joint marital property and awarding a part of that realty to a party thereof is not a claim within the meaning used in the civil law doctrine. What is more, none of the parties has the right to make a request that would be binding on the court to award thereto a strictly specified part of the realty. Since the contents of Art. 46 of the Family and Guardianship Code in conjunction with Art. 1035 and Art. 211 of the Civil Code do not justify any claims to physical parts of joint marital property, there are no grounds for the application of Art. 95.4 of the Real Property Management Act in such situation.