The commentary concerns the Supreme Court's decision of 16 November 2023, II CSKP 1401/22, in which the Court expressed the view that the fact that a spouse is attributed fault for the breakdown of marriage may also be relevant when there is no clear correlation between the grounds for determining fault, evidencing "important reasons", and the amount of accumulated assets, i.e., when the divorce was pronounced due to the fault of the spouse for violating other marital obligations. The discussed decision of the Supreme Court breaks a certain pattern routinely adopted in jurisprudence, both of the Supreme Court and of ordinary courts, as well as in subject literature, according to which "important reasons" within the meaning of Article 43(2) of the Family and Guardianship Code should have a property dimension, affecting even just indirectly the condition of the community property.
The author advocates "cautious approval" of the legal view expressed by the Supreme Court in the discussed decision, emphasising the fact that the concept of "important reasons" as defined in Article 43(2) of the Family and Guardianship Code also has a non-material dimension and even an ethical one, and family law is largely based on the principles of equity and family protection, into which trend the Supreme Court's decision unequivocally fits.
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