DISSOLUÇÃO PARCIAL DE SOCIEDADE EMPRESARIAL E APURAÇÃO DE HAVERES: DIREITOS DO EX-CÔNJUGE NÃO SÓCIO

Abstract

This study explores the legitimacy of the non-shareholding ex-spouse to request the partial dissolution of a business partnership, focusing on the valuation assets in the context of marital dissolution. The research addresses the complex issue of property division, considering the impact of the marital property regime and the indirect contributions of the spouse who, although not formally part of the business, contributed to the formation of the company's assets. The study also examines the implications of the social function of both the business and marriage, emphasizing the pursuit of a fair and balanced division of assets. The methodology adopted in this study is qualitative, involving an in-depth literature review of Brazilian legislation, legal doctrines, and jurisprudence, particularly decisions from the Superior Court of Justice (STJ). Additionally, attention is given to analyzing the impact of the marital property regime on the partial dissolution of business partnerships, aiming to provide an equitable perspective on property rights in the marital context. Through this research, the study seeks to contribute to a deeper understanding of the legitimacy of the non-shareholding ex-spouse, highlighting the importance of a fair and balanced approach to property division in the dissolution of business partnerships.