Transmiterea părţilor sociale dobândite în timpul căsătoriei: soţul asociat vs soţul neasociat

Conf. univ. dr. Maria NICA-DUMITRU

ABSTRACT

The current regulation enshrines the possibility of spouses to use the common assets as a contribution to the setting up of a company or for the acquirement of shareholdings in existing companies and outlines the legal regime of shares and corporate rights thus acquired. If the conditions for the use of common assets seem to be quite clear, the same cannot be said about the requirements imposed for the alienation of the shareholdings thus acquired. Our dilemma, to which we are trying to outline an answer, is to know whether the associate spouse can alienate the shares, that are common assets, by himself or he needs the agreement/consent of the other spouse - the non-associate spouse. The controversy is based, on the one hand, on the wording of paragraph 1 of article 346 and on the one of paragraph 1 of article 349of the Civil Code which shows that, in...