Regimul juridic al aporturilor instituit de art. 349C. civ. afectează dreptul de proprietate al soţilor?

Jud. dr. Mihaela SĂRĂCUŢ

Does the legal regime of contributions set up by Article 349 of the Civil Code affect the property rights of spouses?

Abstract

De lege lata, one of the spouses may become a partner in a commercial company by contribution of joint assets only with the consent of the other spouse, the lack of consent entailing the application of the sanction provided for in Article 347 of the Civil Code. If joint property is contributed, the spouse who contributed the joint property is recognised as a partner, but the shares or shares are joint property. The partner spouse alone exercises the rights deriving from this capacity and may transfer the shares alone, the other spouse may become a partner at his or her request, in which case each of the spouses shall be a partner for the shares or shares assigned in exchange for half the value of the property, unless the spouses have...