Mieszane pochodzenie środków a zasada surogacji. Glosa do uchwały Sądu Najwyższego z dnia 19 października 2018 r., III CZP 45/18

Abstrakt

The issue covered by this case note refers to the situations, in which acquisition of a specific object by one of the spouses remaining in the statutory matrimonial property regime entails an expenditure of funds from both their joint property and the personal property of one of the spouses. As the Polish Family and Guardianship Code regulates only the cases in which the total expenditure is financed from the personal property and therefore the acquired object becomes part of it, the need for legal doctrine to find an applicable solution has become apparent. The case note discusses the legal remedies provided by both the Supreme Court of the Republic of Poland and the legal doctrine in the past. Amongst three of the remedies, the Supreme Court is in favor of application of the ?shares theory? in such a case. The object is divided into shares and becomes part of both the joint property and the personal property of one of the spouses, which rises serious concerns about the rules of its management. In addition to the evaluation of the Supreme Court?s ruling, the author points out to possible consequences under the Bankruptcy and Reorganisation Law.