Obrót nieruchomościami z udziałem małżonków

Abstract

This paper concerns the problem of the real estate transactions in which spouses are involved. Therefore, in the first place the laws that govern marital property systems are examined in order to investigate how the fact of marriage and the choice of a given marital property system influences the legal situation of spouses. The analysis leads to a conclusion that the legal situation of spouses is determined not so much by the very fact of marriage as by the marital property system that is binding in a given case. Spouses may structure their property relationship in such a way that they retain full independence in taking legal actions concerning the disposal, charging, or acquisition of real estates. However, at the same time there appear special legal regulations that refer to various public law issues, e.g. diverse forms of support within the Common Agricultural Policy. In these regulations the legal situation of spouses is created in a different way, because the very fact of being married becomes a decisive factor, regardless of the marital property system adopted by the spouses.