As implicações patrimoniais sobre a meação decorrente do aval consentido pelo cônjuge sócio de uma sociedade limitada
| Autor | Robson Zanetti |
| Cargo | Advogado. Doctorat Droit Prive Université de Paris 1 Panthéon-Sorbonne. Corso Singolo Diritto Privato Universitá degli Studi di Milano |
Não é raro na prática ver os sócios de uma sociedade limitada, avalizando pessoalmente débitos que são contraídos pela sociedade, principalmente em operações bancárias. Surge um problema, quando a dívida não é paga pela sociedade e o credor que cobrar dos avalistas. A dívida foi contraída pela sociedade e não pelo sócio avalista, mas este responde pelo débito social com seus bens particulares? E os bens do cônjuge, também respondem? O aval consentido pelo marido na contração de uma dívida, sócio de uma sociedade limitada, presume que tenha sido realizado em benefício da família, portanto, admite-se prova em contrário. Assim, compete a mulher ou marido do avalista...
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