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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
12th June 2021REAL ESTATE, NEXUS GROUP, INFORMA
We are not and cannot agree, since every privilege requires a justification and we do not know what this is in the case of debt derived from the exercise of trade or the exercise of professional activity. In addition, it seems to us clearly an attack against art. 39 of the Constitution, which orders the public authorities to protect the family, that this type of creditors be favored over the interests of the spouse of the merchant or professional, constituting an attack on the general principle of joint management of the property (art. 1375 CC) upon seeing said consort attacked his patrimony by an individual action of his partner in which he has not participated.
Thus, art. 1370CC shows us that art. CC 1365.2 is a rule that deviates from the general regime of our Ordinance that does not allow creditors to address all the joint assets but only against the spouse's equity rather than against the debt (the proprietary one and its half of the joint assets), and therefore constituting the regime of art. 1373 the general rule of which art. 1370 (which also allows to go against all the good acquired) is an exception, also constituting an exception, unacceptable in our opinion, the 1365.2º and by extension the art. 6 CCom.
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