The Consent of Spouse for the Performance of a Certain Act in the Law by the Other Spouse – Comments with Reference to Article 37 Family and Guardianship Code

Abstract

The aim of the research was to analyse selected interpretation problems that appear on the background of Art. 37 Family and Guardianship Code. This provision states the requirement for obtaining the consent of spouse for the performance of a certain act in the law, concerning the management of the joint property, which is made by the other spouse. The applied research method included the dogmatic and legal analysis of the provisions of the Polish Family and Guardianship Code and Polish Civil Code as well as the analysis of the Polish judicial decisions and opinions expressed in legal doctrine. This article presents legal argumentation proving that the spouse’s statement of consent for the performance of a certain act in the law by the other spouse cannot only be specified by type and cannot cover many arbitrary, non-specific acts in the law. The consent should cover only one, individual act in the law and should indicate the person with whom the action is to be made. The requirement for obtaining the consent of spouse aims to protect the interests of a spouse who does not make an act in the law, as well as it is to ensure the safety of trading and to protect interests of a third party who performs act in the law with one of the spouses.