III RC 400/15
AI generated
Court rejects retroactive property separation due to lack of externalized factual separation event.
Poland (PL)
Legislator summary
AI generatedThe court granted the request for property separation but refused the retroactive date requested by the plaintiff. While the husband's alcoholism and the wife's financial burden were established facts, the court found no specific external event signaling a break in marital relations. Consequently, the separation was effective only from the date of the lawsuit filing.
Legislator headnote
AI generatedArt. 52 § 2 k.r.o.; Art. 10 § 1 k.r.o.: Retroactive property separation requires an externalized factual event recognizable to third parties; mere cohabitation with an alcoholic spouse does not constitute such an event.
Keywords
AI generated
retroactive property separation
alcoholism in marriage
externalized factual event
marital property regime
separation of property
Cited Legislation
AI generatedArt. 52 § 2 k.r.o.
Art. 10 § 1 k.r.o.
art. 52 § 1 k.r.o
art. 52 §2 k.r.o