Abstract

The analysis explicitly shows that the regulation concerning bankruptcy of both or one of the spouses is dysfunctional. Amendment proposals should aim atmaking the bankruptcy law more unified and cohesive with the regulations of the Family and ­Guardianship Code and the Code of Civil Procedure. The obligationaland property relationships between spouses underbankruptcy proceedings should be shapedin a manner consistent and cohesivewith the regulations applicable under the Family and Guardianship Code and the Code of Civil Procedure which define the rules for pursuing claims againstcommonmarital property as part of singular enforcement. The rights of the creditors to satisfy their claims fromcommonmarital property and the rights of the debtor’s spouse should not be grossly different in the case of enforcement proceedings and bankruptcy proceedings.