Dos reflexos da partilha de bens sobre a sociedade constituída pelo ex-casal

Abstract

The present study approaches that it has become common to form business unions between partners who have an affective bond with each other. In this scenario, it is necessary to analyze the forms of affective unions protected by the State, as well as the modalities of matrimonial regimes in the legal system, considering that the constitution of a business partnership between spouses and partners is allowed only in certain matrimonial regimes. It is also important to analyze the end of the conjugal unions from the separation of the ex-couple, because as discussed in this study, the moment of the rupture of the conjugal society delimits which assets are part of the common heritage of the spouses and partners when the sharing takes place. Subsequently, it is emphasized that it is equally important to study business activity and the rules that regulate business companies, restricting the study to the pluripersonal limited liability company, one of the most adopted corporate types in the country. Through the exploratory research method, the mentioned themes are correlated in order to verify the consequences of the sharing of assets due to the divorce or dissolution of the stable union in the limited partnership constituted by the ex-couple. And in this scenario, there are measures that can be adopted in court in order to resolve disputes between the partners, preventing attempts at locupletion with the staining of the sharing of assets, without resulting in drastic intervention in the business society.