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Liability of property for business or professional debts and the Commercial Registry
21st June 2021Nexus Informa Group Real Estate
Our civil text, on the contrary, is still anchored in the system prior to 1975 in which the husband was the sole manager of the joint property company and the solitary performance of her in the case of a professional or merchant linked to all common goods.
In our country, part of the doctrine and majority jurisprudence are also anchored in this consideration, and also, as if that were not enough, they ignore the system of our CC to distinguish between the internal sphere (arts 1362 to 1364) and external (art . 1365 and following) admitting the criterion of "interest of the family 2 (not accepting in our Ordinance except in the case of non-contractual obligations) to pursue all common goods in these cases and applauding the privilege in favor of creditors of the merchant and the professional, disregarding the interests of the employer or professional spouse.
For this reason, we now have a community of community with "two husbands of those before 1975" and therefore without any limitation to individually bind each of them all the community in these cases of commercial or professional debts.
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