Divorce and separation in Poland

Jurisprudence in matters of separation

The need to distinguish separation institutions from property separation

Judgment

Supreme Court

of December 17, 1999.

III CKN 506/98

The grounds for separation (Article 611 § 1 of the Kro) confirm the accuracy of the direction of the case-law focusing on the determination and interpretation of valid reasons (Article 52 § 1 of the Criminal Code) on the spheres of legal and property relations of spouses.

Wokanda 2000/4/8

39668

Journal of Laws 1964.9.59: art. 52; Art. 61 (1)

Composition

Judgment issued in the composition of the chairman - judge SN Tadeusz Żyznowski (spr.), Judges of the Supreme Court - Zbigniew Kwaśniewski and Zbigniew Strus.

Factual justification

One should share the view that one of the important reasons for demanding the abolition of joint property is the factual separation of spouses enabling spouses to cooperate in the management of their joint property (cf., inter alia, the Supreme Court judgment of 29 January 1997, I CKU 66/96, "Prosecutor's Office and Law" No. 7-8, p. 32 and judgment of 13 May 1997, III CKN 51/97). Accentuating or even focusing on aspects of a family-legal nature, or even on personal relations between spouses - as the applicant does - may lead to identifying important reasons with the causes of divorce or separation, to which a complete breakdown of marriage is sufficient (Article 61 1 § 1). Divorce and separation institutions - functioning independently - are helpful in the event of the breakdown of the spouses' life, while the abolition of the property community is a fragmented solution in the sphere of legal and property relations. Emphasizing the legal and material aspect becomes particularly important when both spouses or one of them - as in the case in question - runs a business.

Without prejudging the scope of the arrangements made in the circumstances specific to each of the cases examined, it can be pointed out that with regard to the sphere of matrimonial property relations, the assessment of the existence or absence of the conditions set out in Article 52 § 1 kro can be expressed after making arrangements at least in relation to: the size of common property, the existence of indebtedness of one or both spouses, the size of the indebtedness and circumstances of its creation, the property of a separate debtor and the manner in which it performs obligations, as well as issues related to with the maintenance and upbringing of minor children of the parties. (...)

Other examples of judicial decisions in matters of separation