Insignificance in the transformation of personal property under art. 23, para. 2 of the Family Code

Abstract

The publication examines the partial transformation of personal property under the statutory regime of community of property and the controversial issues it raises – when is there a partial transformation, what are the criteria for establishing the insignificance of the transformation, how can the transformation be proved, can the rule of insignifi cance of the transformation be applied by analogy and in the case of insignifi - cance of the part of the property right acquired during the marriage as a result of a joint contribution, what are the consequences of not recognizing a partial transformation of personal property. The text argues that is necessary to provide an objective criterion for assessing the existence of a partial transformation of personal property, which would limit the possibility of conflicting case law.