Abstract

The article presents the issue of marital property liability with their joint assets for liabilities arising from legal transactions in the context of first spouse's consent to incur a liability by the second. The analysis regarding marital liability arising from legal transactions has been carried out in the context of Article 41 of Family and Guardianship Code. The thesis raises an issue of spouse’s consent to incur a liability as an element determining the scope of marital liability of spouses in the statutory property regime. On the basis of considerations concerning the marital liability, this article will help to answer the question whether the present regulations regarding the issues are appropriate and adequately relate to the weight of the regulated matter that affects the functioning of the family, but also the efficiency and certainty of legal transactions. The following analysis will answer whether the interests of each of the parties are properly protected by law.