Prijepori o sudskoj nadležnosti i poslovnim udjelima u svjetlu bračne stečevine

Abstract

Companies and business shares are part of life. Certain ambiguities arise from the changing case law concerning the jurisdiction of the courts resolving issues regarding business shares when it comes to marital property, but also from inadequate legislation. This paper highlights the course of development of the legal regime concerning the property of spouses, which inevitably requires certain changes in terms of a stronger protection of spouses who are not members of the company, but may suffer great damage if business shares are acquired during the course of marriage. The constitutional requirement for the rule of law implies, inter alia, legal certainty which is not favoured by the current normative situation, marked by the fragmentation of court jurisdiction and legal norms regarding marital property, which is a family law institute. Certain changes in commercial and family law provisions, as well as in provisions governing court jurisdiction are necessary in order to avoid divergent treatment of different types of property belonging to spouses.