This is the major problem with the clause analyzed
Posted: Thu Jan 23, 2025 7:01 am
Now, is it possible to have a clause that pre-defines that only this and/or that heir (nominally identified) may join the company, denying this right to the others? Yes! But it is a provision with merely social effect, and not patrimonial. From a social perspective, if there is a company intuitu personae , the partners have the right to accept or refuse the entry of other people and, therefore, the clause will be lawful. However, it will be necessary to make an inventory and to attribute the shares of the company to the pre-admitted heir(s) in accordance with their share.
This is the major problem with the clause analyzed: the share of the sms gateway taiwan pre-admitted heir may be less than the value of the shares and, therefore, the clause will represent an undue fraud of the inventory (which could only be done by means of a will and within the limit of the available portion of the deceased's estate). This is why it is necessary to make an inventory: so that no one is harmed in their rights. The heirs who are not accepted receive shares and liquidate or transfer them, as seen above. It may even be the case that the other partners accept them later.
Yes, autonomy of will is the normative core of human dignity. Despite this, we have been dealing with its limitations since early on. This is why the principle of legality, from a private perspective, legitimizes our behavior and free choices, as long as they do not subvert limiting, conditioning or prohibitive norms. You can't have everything, as Horacio, our sweet grandmothers and, perhaps, the late So-and-So used to say.
This is the major problem with the clause analyzed: the share of the sms gateway taiwan pre-admitted heir may be less than the value of the shares and, therefore, the clause will represent an undue fraud of the inventory (which could only be done by means of a will and within the limit of the available portion of the deceased's estate). This is why it is necessary to make an inventory: so that no one is harmed in their rights. The heirs who are not accepted receive shares and liquidate or transfer them, as seen above. It may even be the case that the other partners accept them later.
Yes, autonomy of will is the normative core of human dignity. Despite this, we have been dealing with its limitations since early on. This is why the principle of legality, from a private perspective, legitimizes our behavior and free choices, as long as they do not subvert limiting, conditioning or prohibitive norms. You can't have everything, as Horacio, our sweet grandmothers and, perhaps, the late So-and-So used to say.