UCHWAŁA SĄDU NAJWYŻSZEGO Z DNIA 17 KWIETNIA 2015 R., SYGN. AKT III CZP 9/15, LEX nr 1665869

Abstract

Presented glos concerns the problem of enforcement of property, for which was abolished a joint ownership statutory marriage in case when only one of the spouses is a debtor. Additional major issue complication stems from the disposal of assets before its division. Investigation of claims by the creditor is possible, due to a judgment recognizing operation disposal of real property which is the subject of execution for the unsuccessful against itself. The author in a critical manner refers to thesis presented by the Supreme Court, indicating that the nature of issue discussed precludes putting on the basis of general theses concerning the conduct of the execution of the retained assets to which ownership was abolished, when the only one of the co-owners is a debtor.

Keywords

• abolition of the joint ownership
• divisio of assets
• action paulian
• ownership statutory marriage
• execution joint