Retroactive effect of the decision establishing separation of property

Pursuant to the decision of the Supreme Court of August 29, 2023 (I CSK 4573/22), the decision establishing separation of property should be given retroactive effect in rare and exceptional situations. Community of property is a constitutional feature of marriage. Therefore, the decision to abolish it may only be made in exceptional circumstances, and in no case earlier than on the date on which the existence of important reasons within the meaning of Art. 52 § 1 of the Family and Guardianship Code The Court’s assessment of these circumstances each time depends on specific factual circumstances, as it must be individualized.