Professional paper
https://doi.org/10.30925/zpfsr.42.2.17
BUSINESS SHARE(S) AND MARITAL PROPERTY IN PRACTICE OF COMMERCIAL COURTS
Tina Jakupak
; Commercial Court in Zagreb, Zagreb, Croatia
Abstract
In her daily work, the author deals with litigation and non-litigation cases in which the subject of the dispute is marital property in the business share of a particular company. Through this paper, the author will deal in the first part with the concepts and institutes of marital property and business share, in the second part with legal remedies, lawsuits and proposals for determining a temporary measure to determine marital property with business share, and finally connect it with case law. The paper will try to answer the question of the effects of the previous unilateral disposition of rights whose registered shareholder is (only) one spouse. In this regard, the conflict of family and commercial law rules will be analyzed, with special emphasis on court decisions of commercial courts in the Republic of Croatia, as well as the Supreme Court of the Republic of Croatia. In conclusion, the author gives her view of court proceedings in order to determine the marital property on the business share and the specifics of the property community that the spouses establish as proxies on the business share of the company.
Keywords
business share; marital property; commercial court; case law
Hrčak ID:
262858
URI
Publication date:
25.9.2021.
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