Monitor Prawniczy

no. 16/2021

Recognition of the separate property regime established by operation of law as effective vis-à-vis a bankruptcy estate

DOI: 10.32027/MOP.21.16.2
Karolina Ochocińska
Autorka jest radcą prawnym; ORCID: 0000-0002-7003-7488.
Abstract

The amendment to the bankruptcy law introduced by the Act of 30 August 2019 provides for the right of the bankrupt's spouse or ex-spouse to defend themselves against including the marital property in the bankruptcy estate. The right of the spouse or ex-spouse includes the request to recognize as effective in relation to the bankruptcy estate of a separate property regime established by operation of law within one year prior to the filing of a bankruptcy petition as a result of divorce, legal separation or legal incapacitation of either spouse. The aim of the article is to assess the amendment in the context of solutions regarding the effects of the declaration of bankruptcy on the marital property regime of the bankrupt.