THEORETICAL AND PRACTICAL ASPECTS REGARDING THE CONTRIBUTION OF COMMUNITY PROPERTY TO THE COMPANY BY THE SPOUSES
THEORETICAL AND PRACTICAL ASPECTS REGARDING THE CONTRIBUTION OF COMMUNITY PROPERTY TO THE COMPANY BY THE SPOUSES

Summary/Abstract: The legal issue that appears in the current normative "landscape" is related to the application and interpretation of the legal provisions regarding the contributions of goods from the spouses’ community property to the legal nature of the rights of the other spouse who does not become an associate in an associative structure, and to the effects of the cessation of the existence of the associative structures on the rights due to the spouses. The interest of this scientific approach is determined by the need for an interdisciplinary treatment of the treated subject; interdisciplinarity which implies the combined analysis of the legal provisions which are applicable to the matrimonial regime of the shared ownership with those that regulate the associative structures (companies mainly, commercial companies, associations, foundations, etc.). Within the associative structures (entities), some have legal personality, which means that the goods contributed in the company or, as the case may be, in the share capital, enter into the assets of the legal person that is constituted (see companies, associations, foundations, etc.); others do not acquire legal personality (see simple companies, joint ventures, etc.) although they have "de facto" assets, in which contributions of the shared goods of the spouses can be included.

• Details
• Contents