Odgraniczenie statutu stosunków majątkowych małżeńskich od innych statutów

Abstract

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.