Features of the consent of spouses to make transactions on the disposal of property

Family legislation proclaims the equality of the rights of spouses in the family. Nevertheless, the legal effect of this fundamental principle regarding the property relations of the spouses seems very doubtful. Thus, paragraph 2 of Article 35 of the Family Code establishes the “presumption of consent” of the spouse to carry out transactions with common property. However, in the practical implementation of this norm, its imperfections manifest themselves. Due to the obvious uncertainty and misinterpretation of the term “presumption of consent”, the property rights of one of the spouses are often violated. In this regard, the authors set a goal: to analyze and systematize the positions of civil scientists and materials of judicial practice in order to identify the most common problems that arise when considering cases of this category.