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From the unsuitability of the community regime to the preservation of the economic interests of a husband shareholder (illustration of the real subrogation) in Mélanges in honour of Professor Gérard Champenois, Liber Amicle, Editions Defrénois Juin 2012



ID: <10670/1.pnjsa8>


doctrinal analysis mainly contributing to the criticism of classic doctrinal positions presenting unanimously the interpretation given to Article 1406 (c) of the Civil Code since the reform of matrimonial property regimes in 1965, and before it of the case-law since 1935 (Civ. 1st 18 December 1935, D.1936, I.129, FREJAVILLE note; S. 1937.I.57). More generally, this publication focuses on the fate of shares acquired or subscribed by one or other spouse in the course of a community arrangement and on the classification difficulties of which they may be the subject of divorce proceedings, be it the nature of the funds and funds used when acquiring or following the subscription of social rights, or the nature of the securities received as a result of certain capital increases.

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