Abstract

Determination of a legal status of a partner’s spouse is a controversial issue in the doctrine of private law and a constructionally difficult one due to the fact that in an analysis of this issue two legal regimes are to be taken into account: the companies law and the family law. In this article the author primarily focuses on establishing the rules of both legal regimes necessary to determine a legal status of a partner’s spouse in the adopted factual situation, that is the Family and Guardianship Code and the Commercial Companies Code. Then he tries to answer the question whether the provisions of Art. 1831 and art. 3321 of the Commercial Companies Code may be recognized as the rules settling the conflicts between those different legal regimes, and also analyzes various doctrinal concepts as regards determination of a legal status of a spouse when shares (stocks) have been received or acquired from marital property. Finally, the author’s own opinion in the continuing doctrinal dispute has been presented and de lege ferenda remarks have been formulated.