Article 58 (2) of the Act of February 25, 1964 – Family and Guardianship Code (i.e. Journal of Laws of 2020, item 1359) – hereinafter referred to as they inhabit each other. The legislator then orders the court to rule in the divorce decree on the use of this flat for the time that the former spouses will still live in it. Zd. 2 of the quoted Art. on the other hand, it regulates the possibility of ordering eviction against one of the spouses, when this grossly reprehensible behavior makes it impossible to live together. A broad interpretation of the said provision is to be prevented by the term „in exceptional cases” used by the legislator, which determines the specific nature of the situation mentioned by the legislator.
Directive on the strict interpretation of Art. 58 § 2 sentence 2 k.r.o. seem to confirm the theses formulated by the jurisprudence of the Supreme Court (hereinafter – the Supreme Court) and common courts. In the judgment of 30 October 2019, reference number I ACa 1209/18 SA in Kraków, he clearly emphasized the need for a restrictive interpretation of the provision under analysis. It considered that such a necessity meant that this provision could be applied exceptionally, only when one of the spouses not only acts in a grossly reprehensible manner towards the other using the shared flat, but this behavior, deserving an unequivocally negative, objective assessment, strictly evokes specific effect. This effect is the complete exclusion of the possibility of the spouse using the apartment in accordance with its purpose. There must be an adequate causal link between the exclusion of this possibility on his side and the behavior of the potentially evicted person.
The interpretation of the statutory grounds for eviction, as confirmed by the Supreme Court, should be as specific as possible in relation to the existing facts. In the judgment of 25 January 2001, IV CKN 1511/00, the adjudicating panel on the basis of the case under consideration decided that the presence of the defendant at home was a source of constant tension, a threat to the peace and safety of the household members, without any detailed characteristics of his behavior justifying such an assessment, does not allow for the recognition of the subsumption made by the claimant as correct, because the application of Art. 58 § 2 sentence 2 k.r.o. requires the occurrence in the facts of only such proceedings of the defendant, which is explicitly provided for in this provision.
Moreover, the jurisprudence states that the request to evict one of the spouses after the divorce has been pronounced should not, in its effect, replace the decision concerning the division of marital property. Allowing such a possibility could also result in inconsistency in court decisions in various types of proceedings. It cannot be ruled out that in a case for the division of marital property, a flat would be assigned to, for example, a divorced spouse who would be obliged to leave it on the basis of an eviction order ordering it to be issued to a person who, at the same time, no longer has a legal title to use the flat as a result of the division of property. of the acquis communautaire (judgment of the Supreme Court of 27 October 2006, I CSK 190/06).
Normative analysis of Art. 58 § 2 sentence 2 k.r.o., conducted in the Commentary to the k.r.o. edited by K. Piasecki from 2002. Ed. 2, leads additionally to two important conclusions. First, the literature indicates the material-legal and procedural nature of the provision. A procedural one in the sense that it allows for the eviction of one of the spouses in a divorce decree. In the substantive legal context, the provision introduces an independent basis for eviction, although similar to that of Art. 685 of the Civil Code. and art. 13 of the Act of June 21, 2001 on the protection of the rights of tenants in the municipal housing stock and on the amendment to the Civil Code. This basis, however, is more rigorous compared to the prerequisites from the century century, because, as stated by the Supreme Court (thesis VI (1) of the guidelines of the Supreme Court of 1978), its application is limited to grossly reprehensible conduct. This grossly reprehensible conduct occurs especially when the constant abuse of alcohol by one of the spouses, causing fights and committing acts of violence constitute a threat to the life, health or peace of the other spouse and other family members (SN hereinafter). Secondly, the substantive meaning of the provision consists in the fact that it allows the spouse to be evicted regardless of the legal title the spouses have to live in. (ownership, cooperative right to premises …). As indicated in the doctrine, the concept of a shared flat when it comes to ordering the said eviction does not include the flat belonging to the separate property of the spouse against which the eviction decision is directed, as well as the flat allocated to such a spouse solely in connection with the function performed by him.
The second most relevant at the end of the text of Art. 58 § 2 sentence 2 of the CC on the conclusion identified in the literature is an indication of the relationship between the indicated regulation and the institution of property rights under civil law. It should be remembered that Art. 58 par. 2 sentence 2 does not constitute grounds for depriving one of the spouses, who is the owner of the apartment, of the rights he is entitled to under Art. 140 and 222 of the Civil Code, i.e. provisions indicating that, within the limits set out by statutes and rules of social coexistence, the owner may, with the exception of other people, use things in accordance with the socio-economic purpose of his right, in particular, he may collect benefits and other income from things, and the fact that the owner may demand from the person who actually owns his thing that the thing be delivered to him, unless the person is entitled to the owner of an effective right to use the thing.
It is also interesting that if the divorce decree did not adjudicate the eviction – each of the divorced spouses may request the eviction of the other spouse only with reference to the grounds provided for in the Civil Code. and the act on the protection of the rights of tenants in the municipal housing stock and on the amendment of the civil code.