An Unusual Procedure in Civil and Commercial Law

The division of common property is usually applied to real estate assets. However, in this particular case, the procedure involved the company shares of several commercial entities, an area that is less common and carries greater legal complexity.

The situation also had a relevant peculiarity: the co-owners were family members. As a result, the conflict was not limited to the patrimonial sphere but also had a strong personal and emotional component.

Legal Framework: Article 400 of the Civil Code and Case Law

The legal strategy was based on Article 400 of the Spanish Civil Code, which grants every co-owner the right to request the division of common property at any time, as well as on Supreme Court case law, which has clarified the application of this figure to company shares.

A key reference was Supreme Court Ruling 3470/2017, which emphasizes that the purpose of the division is not only to distribute the assets but also to help restore legal and personal peace among co-owners.

Resolution of the Conflict

The procedure was led by Jorge Ballester Antón, who succeeded in reaching an out-of-court agreement without the need for a lengthy trial. The adopted solution not only guaranteed the economic rights of each party but also helped restore family trust.

Conclusions

This case demonstrates that the division of common property over company shares can be successfully managed when a solid technical approach is combined with sensitivity to the personal context. Beyond defending patrimonial rights, the law can also act as a tool for mediation and reconciliation, offering fair solutions that prevent unnecessary prolongation of conflicts.