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DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
24th February 2023 -
DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
23rd February 2023 -
DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
22nd February 2023 -
DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
21st February 2023 -
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE
20th February 2023 -
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE
19th February 2023 -
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE
18th February 2023 -
IT IS POSSIBLE TO RECTIFY THE EQUITY GAINS IN THE IRPF ONCE THE INCOME CAMPAIGN IS FINISHED
17th February 2023 -
Spain, fourth most attractive European country to invest in 2023, according to CBRE
16th February 2023 -
THE BANCO DE ESPAÑA ASKS THE BANKS NOT TO GENERATE FALSE EXPECTATIONS IN THEIR RECORD CAMPAIGNS
15th February 2023
Liability of property for business or professional debts and the Commercial Registry
5th June 2021REAL ESTATE, NEXUS GROUP, INFORMA
On the opposition of the spouse
We have already seen that according to art. 1365, sªCC in the case of liability derived from the exercise of the profession, art or trade, it is not possible that the spouse of the professional can exercise any defense measure of "their property" while in the case of the spouse of the merchant he has the possibility of "opposing "By inscription in the commercial register, of the public deed where it exercises said right in accordance with arts 7, 8, 10 and 11 of the CCom. Said registration does not protect the goods acquired by the merchant spouse with the results of the trade, but the rest of the property, from "his property", at least the part that corresponds to him or her.
But, as we have said, to be enforceable against a third party, registration in the commercial register is required and the regulations of said register require the prior registration of the individual entrepreneur, which may be requested by the non-merchant spouse in accordance with art. 88.3ª RRM since the 1989 reform. That is why there is no problem whatsoever in the case of individual entrepreneur, but how to register this opposition in the case of the spouse of partners of a family capital company to which the Court Supreme Court considers that the liability regime of articles 6 of the CCom applies to them when it is the family's source of income? Could this opposition be registered on the sheet open to society and with what prerequisites? And would it be equally applicable to capital companies that carry out activities excluded from commercial classification such as agricultural, livestock, or professional?
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