The consequences of acquisition of rights and obligations in a partnership by a spouse remaining in the statutory matrimonial property regime

Bibliogr. s. 45-47

The article analyses the consequences of acquisition of a share (understood as all rights and obligations) in a partnership by a spouse remaining in the statutory matrimonial property regime. Firstly, the article defines the terms relevant for further deliberations. Secondly, the criteria of diversification of the consequences connected with the acquisition of a share by one of the spouses into the joint property of spouses and for the other spouse are established. The article supports the opinion that the classification of the acquired share into one of the marital properties is not sufficient to establish the entity of a partner in partnership. This is strictly connected with the need for dividing the spheres of relations: external relations that are governed by the provisions of Commercial Companies Code and internal relations governed by the provisions of Family and Guardianship Code. The article indicates certain issues connected with the partner's spouse's right to debt recovery and the marital consequences of partner's liability towards partnership's creditors.