Joint-ventures with a Stake of the Spouses versus the Legal Situation of their Personal Creditors

Abstract

In order for the claims to be satisfied by the personal creditors of the spouses-partners it is important to consider the economic situation of the company, the character of receivables, the kind and origin of the deposit.

Apart form the contract of the company itself we may distinguish two groups of legal proceedings which may hurt the personal creditors of the spouses-partners. As regards the board of the company we may, for example, list the following: 1) disproportional charge of the spouse-debtor with the responsibility for the debts of the company, 2) the company sells off some elements of the property, including especially as free of charge, e.g. donation, 3) the property of the company is divided in the case when it is dissolved and the spouse-debtor is the sufferer. Now among the actions as regards the management of the properties of spouses we find the following: 1) selling off some of the receivables, 2) the shift between the property masses of the obligatory joint laws.

Among the legal instruments, the spouses-partners who are detrimental, the creditors are entitled to the following forms: the Pauliane action (art. 527 and ff. k.c.), relative ineffectiveness (art. 59 k.c.), appearance (art. 58 § 1 k.c), treating the legal action as contrary to the law or tending to evade the law (art. 58 § 1 k.c.).