Słowa kluczowe
marital property
Abstrakt
The current legal environment allows for money claims to be collateralized with marital property without prior verifying their nature or determining whether they will be satisfied from the marital property in the future. The solution is controversial as it is not in
line with the direction of changes that pertain to the provisions of the Family and Guardianship Code concerning the principles of liability for any commitments following from legal transactions and other occurrences in respect of either of spouses. Provisions of the Family
and Guardianship Code restrict the option to satisfy claims lodged by a creditor of either of the spouses from their marital property, and at the same time provisions that regulate injunctive proceedings give creditors more extensive access to marital property in order to secure
their liabilities. The paper concerned discusses the issues that follow from the said inconsistency, and the legal remedies that may be invoked by spouses of persons who have made certain commitments, where the commitments concerned have been collateralized with marital property.