"Questioni" in tema di comunione legale e partecipazioni sociali

The essay analyses the legal regime applicable to the company share acquired by a spouse in joint ownership of assets, in order to clarify whether it becomes immediate co-ownership pursuant to art. 177 of the Civil Code or de residuo co-ownership pursuant to art. 178 of the Civil Code. In the absence of a clear rule, the author reflects on the preferable interpretation and, from a de iure condendo point of view, proposes a reconstruction based on a fairer balance between the constitutional principles protecting the family and the freedom of economic initiative; lastly, specific in-depth studies are made on certain potentially ‘modifying’ and/or ‘extinguishing’ events of the identified legal regime.