Zasada równej stopy życiowej w prawie rodzinnym

Abstract

The principle of equal living standard has long been considered one of the elements defining the extent of the duty of alimony despite the fact that such a rule has never been expressly formulated in the provisions of family law acts. Nevertheless, it can easily be inferred from various articles of Family and Guardianship Code (F.G.C.) It requires that the standard of living of the subject entitled to support be. similar to the living standard of the person obliged to grant allowances. The principle of equal living standard operates within the general provision defining the premisses delimiting the scope of alimony (art. 135 § 1 of F.G.C.). In other words, the said principle merely modifies those premisses but does not eliminate them from the process of stating the extent of the duty of alimony. The equail living standard principle should be applied to delimiting the volume of alimony between the persons constituting the family in terms of art. 23 and 27 of F.G.C, and between the parents and their dependent children (art. 133 § 1 of F. G. C). The opinions suggesting wider or narrower range of application of the said principle do not seem justified in view of the provisions of F.G.C.; moreover, they have never gained any considerable support in the light of thé Supreme Court's decisions.