INTRANET
Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

Spouses married in community of property have the right to set up a partnership, whose assets will belong to the capital conferred in the partnership

Civil Supreme Court, Section I, April 27, 2020, no. 8222. Pres. Giancola. Est. Nazzicone

date: 01.08.2020
Area: Corporate, M&A

In its Ruling no. 8222 of 2020, the Supreme Court granted the spouses married in community of property the right to set up a partnership, whose assets will belong to the assets transferred into the partnership. In such cases, any withdrawal by one of the spouses/members will entail the obligation to liquidate his or her share, the value of which must be determined in accordance with Article 2289 of the Italian Civil Code, taking into account the patrimonial value of his or her share at the time of the termination of the company relationship. However, should an action be brought to ascertain the liquidation of the shareholding in favour of the outgoing shareholder, the surviving shareholder shall have the right to initiate such action on his own or as the representative of the company itself, also in order to claim unlimited liability.

Spouses married in community of property have the right to set up a partnership, whose assets will belong to the capital conferred in the partnership

Civil Supreme Court, Section I, April 27, 2020, no. 8222. Pres. Giancola. Est. Nazzicone

date: 01.08.2020
Area: Corporate, M&A

In its Ruling no. 8222 of 2020, the Supreme Court granted the spouses married in community of property the right to set up a partnership, whose assets will belong to the assets transferred into the partnership. In such cases, any withdrawal by one of the spouses/members will entail the obligation to liquidate his or her share, the value of which must be determined in accordance with Article 2289 of the Italian Civil Code, taking into account the patrimonial value of his or her share at the time of the termination of the company relationship. However, should an action be brought to ascertain the liquidation of the shareholding in favour of the outgoing shareholder, the surviving shareholder shall have the right to initiate such action on his own or as the representative of the company itself, also in order to claim unlimited liability.