The Distribution of Joint Marital Property Agreement and Attachment of the Distribution of Joint Marital Property (Article 912 of the Civil Procedure Code): Commentary on the Decision of the Supreme Court of 14 July 2017 (II CSK 718/16, OSNC 2018, no. 7–8, item 78)

Abstract

The commentary is approving. A proceeding concerning the distribution of joint marital property was ongoing in the case. It was issued upon the request of the creditor, who in the course of the enforcement proceedings made a request to have the right to have a distribution claim of that joint marital property. After making this request, the spouses conducted the distribution of their property on the grounds of a contract. In the decision of 14 July 2017, the Supreme Court settled the issue whether a distribution of joint marital property agreement, made during the course of the enforcement proceedings, is void against the enforcement creditor. The Supreme Court has given a positive reply to this question. The commentary concerns the interpretation of Article 912 of the Code of Civil Procedure, which apart from short comments, has never been analysed in the context of the doctrine. At the same time, the comments contain short observations repeated by most authors. In this regard, the issues raised in the commentary are the first scholarly publication deepening this topic. The issues connected with making the request to have the right to have a claim to distribute joint marital property, time as of which this request comes into effect and the consequences of the request, especially with respect to the enforcement creditor, are discussed in the commentary to this decision.

Keywords

• podział majątku wspólnego małżonków
• postępowanie egzekucyjne
• umowa o podział majątku wspólnego
• wierzyciel egzekwujący
• zajęcie prawa do podziału majątku wspólnego