Abstract

There is no doubt that in business practice it is a frequent occurrence that shareholdings in a limited liability company are part of jopint marital property. Despite its popularity, the issue arouses numerous controversies, as reflected by the diversity of views expressed in the doctrine and positions of the judicature. The said issue goes beyond the a single legal domain, considering the fact that applicable are here the provisions of the Family and Guardianship Code and the Commercial Companies Code. Even though both regulations are incompatible, it does not appear possible to completely separate legal family relationships and commercial companies relationships in case a spouse covered by joint marital property acquires/receives a shareholding. In a situation whereby spouses remain in the regime of statutory joint marital property and the shareholding rights in a limited liability company are acquired/received in exchange for assets which come from their joint property, the only thing that can be done is to attempt to make a full and rational consideration of the regulations of both codes. The lack of a precise and unequivocal regulation regarding the manner of relating the rights pertaining to a shareholding in a limited liability company to spouses who remain in the joint marital property regime, both before and after the amendment, is confusing and in my opinion still requires an in-depth analysis of the subject matter.