Corporate Interests, Business Quotas, and Shares within the Marital Community Property: Some Interesting Developments in Legal Practice at the Intersection of Company Law and Family Law

Abstract

Nowadays, it is not only the increasing frequency of divorce that must be taken into account but also the fact that, under market economy conditions, it has become increasingly common for the spouses’ marital property to include corporate interests such as business quotas (membership interests) in limited liability companies or shares in companies. Consequently, the rules of both family law and company law must be applied in conjunction. Following the necessary clarification of several fundamental concepts, this paper presents a number of noteworthy examples of the interaction between family law and company law, highlighting that the intersection of these two fields raises a wide range of both doctrinal and practical challenges.