The Supreme Court in the judgment of September 29, 2020, file ref. act I NSNc 42/20 (OSNKN 2021/1/3) ruled that a donation that is contrary to the interests of minor children and the donor’s wife is inconsistent with the principles of social coexistence and as such may be considered invalid.
The Supreme Court indicated that the Constitution of the Republic of Poland made it possible to limit the right to property in exceptional cases, and one of them was the necessity to protect goods particularly valued by the legislator. The court recognized the protection of the principles of social coexistence as a good of higher rank than the right of ownership, thus creating the possibility of recognizing the donation agreement as invalid when it led to the violation of the welfare of the family and the child under Art. 58 § 2 of the Civil Code. Such an effect will be caused, inter alia, by the transfer of property by means of a donation by a person against whom proceedings are pending for maintenance for a minor child and proceedings for family abuse.