A legitimidade do cônjuge e do companheiro para promover a ação de dissolução parcial da sociedade limitada

Abstract

The main purpose of this study is the analysis of the active legitimacy of the consort and partner to require the determination of their assets and the partial dissolution of the corporation when the sharing of assets after divorce involves social quotas of a limited partnership in which only one of the consort is a partner.The aim is harmonizing Articles 1.027 of the Civil Code and 600, sole paragraph, of the Code of Civil Procedure dealing with this institute, weighing both, the individual equity interests of the former consort and the interests of society, so as not to jeopardize the exercise of the economic activity. For a better understanding of the subject, a brief evolution is made on the action of partial dissolution of society and an analysis of the regimes of goods, both in marriage and in the stable union. In addition, it seeks to present possible solutions to enable the sharing of social quotas, always aiming at preserving the rights and interests of the non-member consort, other partners and society itself.