The community property regime in the context of conducting a business activity and acquisition of shares in a limited liability company

Abstract

The issue, regarded as an important aspect of conducting a business activity, namely the
legal effects of acquisition, financed from community property, of shares in a limited liability company
by spouses who have chosen the community property regime, has long been debated among
representatives of legal science. It also brings about a considerable difficulty in the practice of
economic trading, which is an important issue as companies of this type are the most popular form of
conducting a business activity in Poland. Doubts concerning the shape of legislative solutions
regulating the issue in question are unquestionably exacerbated by the fact that the said regulations
belong to both, the sphere of family law and the sphere of commercial companies law, which makes
us expect appropriate legislative intervention in this respect. This article aims to present the issue
concerning acquisition of shares in limited liability companies on the basis of the Family and Guardianship
Code, which is further considered in a subsequent publication that aims to present the solutions
adopted in this respect in the Code of Commercial Partnerships and Companies.