Published: 2018-06-12

The Duty to Provide for Family Needs during Marriage

Ewa Kabza
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2018.18.1.03

Abstract

Summary

The purpose of this paper is to present the views of legal academics and commentators on spouses’ mutual duty to help and co-operate to provide for family needs, and the judicial decisions which have been handed down on such issues in Polish and foreign courts. I focus on three particular problems. Firstly, the problem how to classify the obligation regulated in Article 27 of the Polish Family and Guardianship Code (Kodeks Rodzinny i Opiekuńczy): does this duty relate to maintenance, or is it only similar to such an duty? Secondly, the spouses’ option to modify the scope of this obligation by way of legal agreements. Thirdly, ways to meet this obligation and consequences of failure to do so.

Keywords:

marital duties, maintenance in Polish law, the provision of resources for family needs.

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Citation rules

Kabza, E. (2018). The Duty to Provide for Family Needs during Marriage. Zeszyty Prawnicze, 18(1), 39–60. https://doi.org/10.21697/zp.2018.18.1.03

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