The decision of the Supreme Court of 24 July 2020 (I CSK 106/20), discussed in the commentary, concerns the admissibility of settling outlays from the separate property of one of the spouses to the separate property of the other spouse in court proceedings for the division of their community property. The Supreme Court comprehensively indicates the criteria that enable settling such outlays in court proceedings. It explains that this applies in particular to a situation concerning settling the sum of outlays made both from community property and separate property of one of the spouses for a complete object, and only when making these settlements in two separate proceedings would be pointless. The Supreme Court also provides further requirements allowing courts to make such settlements.
The author, in principle, approves the discussed decision of the Supreme Court. He indicates, however, that in practice it is difficult for the spouse to meet all the requirements allowing for the recognition of his/her request for the settlement of outlays in a case for the division of community property. Therefore, the author suggests the liberalization of the requirements allowing for such a request to be examined in a case for the division of community property, pointing to the positive practical results of such liberalization.