Attachment of the Family Enterprise to the Property of a Non-Commercial Partnership or to the Spouses' Property

Abstract

The aim of the article is to make a comparison of the advantages and disadvantages of the fact of attachment of the family enterprise to the property of a non-commercial partnership or to the spouses’ property. The work is divided into two parts. In Part One the essence of the non-commercial partnership and of marriage is presented, the features of the property of the non-commercial partnership and of marital property, the rules of managing these properties and the rules of responsibility for obligations with the property of the company and with the properties of the spouses. In Part Two the basic forms are presented of conducting business activity by both the spouses.

An advantage of conducting business activity by the spouses in the form of non-commercial partnership is certainly the eliminating all doubts concerning the belonging of the family business to the spouses’ property. The company also makes it possible to flexibly regulate the management of the family business.The effect of establishing a company including the spouses on the possibilities to satisfy the claims made by their personal creditors will depend on the financial shape of the company.

Summing up, it should be said that the non-commercial partnership is an advantageous form of conducting business activity by both the spouses.