Abstrakt: | The article analyses selected problems related to differentiating the law applicable
to matrimonial property relationships and the law applicable to matrimonial
property agreements from the laws applicable to maintenance obligations, contractual
obligations, rights in rem, succession and personal relations between spouses. In particular,
the paper discusses classification — at conflict-of-laws level — of issues such as
the obligation to participate in satisfying family needs, the obligation of mutual assistance,
admissibility of donations between spouses, rules governing revocability of such
donations, protection of a person conducting in good faith a legal transaction with one
of the spouses, retroactive effect of the division of spouses’ shared property, preferential
conferral of inheritance, acquisition of a right in rem under a matrimonial property
agreement, contractual clauses establishing the so-called marital benefits for the benefit
of the surviving spouse, power of attorney — ex lege — to act on behalf of the spouse. The
final part of the article touches upon the perspectives connected with the EU regulation
on matrimonial property regimes. |