Contribution By Spouses To Establish A Company

The possibility of a husband to participate with common goods in a company and especially the legal status of the parties of interest, the shares acquired as consideration for this contribution have been the subject of doctrinal controversy and a source of non-unitary judicial practice. The difficult state in which the theoreticians and practitioners of law were is in because of the fact that before the 1st of October 2011 the Romanian Law lacked a statement that related to this problem. Receptive to the difficulties observed, the lawmaker proposed that through some articles from the new civil Code to cover the lack of legislation. The present study proposes to analyze if one of the husbands can use common goods to constitute a company and what are the conditions in which the obligation of offer can be assumed in a viable way. The whole judicial endeavor tries to state in which measure the present regulations achieved their goal and what are the propositions susceptible to bring more clarity on the judicial regime of the contribution in goods.