According to the judgment of the Supreme Court of 13 January 2000 (II CKN 1070/98) In proceedings initiated by a lawsuit filed on the basis of art. 52 of the Family and Guardianship Code, the personal relations existing between the spouses, or more broadly: family and legal aspects of the relations existing between them, cannot significantly determine the existence of important reasons for the termination of the community of property, as this could lead to unjustified identification of important reasons within the meaning of art. 52 § 1 of the Family and Guardianship Code with the reasons for divorce or separation, for which a complete breakdown of the marital life is sufficient (art. 611 § 1 of the Family and Guardianship Code) and which the legislator introduced as a means of assistance in the event of the breakdown of the marital life. On the other hand, the assessment of the occurrence of the premises specified in art. Article 52 § 1 of the Family and Guardianship Code requires that findings be made at least with respect to: the amount of joint property, the existence of debt, its size and the circumstances in which it arose, the amount of the separate property of the debtor spouse and the manner in which he or she performs the obligation, as well as issues relating to the maintenance and upbringing of minor children of the parties (see the justification of the Supreme Court judgment of 17 December 1999, III CKN 506/98, not published).
What circumstances are significant for the establishment of the separation of property by the court
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Warning: This is an automated translation from Polish. Accuracy may vary.