Przynależność do majątków małżonków udziału w spółce z ograniczoną odpowiedzialnością i akcji

Abstract

Among various rights vested in parties to a commercial partnership only the rights of a property character may be considered the elements of the property of the spouses. The author is of the opinion that a share in a limited liability company and a share in a joint stock company should be included into the community property, unless Art. 33 of the Family and Guardianship Code states otherwise. If the partnership contract has been concluded by one of the spouses, the other spouse is not a partner and may not claim dividend. However, that other spouse may participate in such dividend through his or her joint right to the common property. A share in a joint-stock company may be alienated without the consent of the other spouse. However, the transfer of a share in a limited liability company may be considered a transaction exceeding ordinary management of the common Property, if the value of such a share, assessed from the point of view of a financial situation of a given family, is considerable. In present economic conditions it would be advisable to adopt the objective conception of transactions exceeding ordinary management of the common property.