Some issues of legal protection of property interests of the mother
Keywords:
property interests of the mother, presumption of consent of the spouse, common property of the spouses, family relationsAbstract
The purpose of the work is to substantiate the need to improve the mechanisms of legal protection of the mother's property interests from unfair actions on the part of her husband and third parties. The author of the article draws attention to the fact that the legal status of a woman in the first years after the birth of a child is extremely vulnerable due to the impossibility of fully participating in the economic life of the family and the need to focus on raising a child. At the same time, the presumption of the spouse's consent to transactions with common property, enshrined in paragraph 2 of Article 35 of the Family Code of the Russian Federation, seems to be a serious risk factor for a woman during motherhood, since it allows the husband to carry out a number of transactions virtually without the need to obtain consent. Analyzing this problem, the author comes to the conclusion about the need to improve family legislation in order to protect the property interests of a married woman during motherhood.