Comunione legale e acquisto di partecipazioni sociali
In the framework of the matrimonial property communion regime, the acquisition of a social participation by one of the spouses should be regarded as immediate or residual community, as long as this does not fall into the category of personal purchase. The distinction should be made with reference to the corporate typology involved, using the criterion of purpose mitigated by a presumptive mechanism, operating in favour of the acquiring spouse and the creditors. In particular, the share of a business company entailing unlimited liability upon the acquiring spouse falls within the scope of residual community, in view of an absolute presumption of entrepreneurship. On the other hand, in the cas. . .
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