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31st May 2016
Liability of property for business or professional debts and the Commercial Registry
11th May 2021Until the Law of May 2, 1975, our CC established the traditional principle of submission of the wife to the husband in administrative matters of their own and common property. More than 40 years ago. In the society of that time few women worked and many of those who did so when they got married left.
Today the situation is different. The incorporation of women into the labor market is total and there are professions in which they are a large majority, especially many that involve a tough exam to gain access (doctor, judge, notary.)
The Law of May 13, 1981 proclaimed equality between the spouses in matters of administration and disposition of common property, but continued to regulate the joint property society in its passive aspect (debts and responsibilities) as if only one, the husband, entered money to said patrimony, which legitimized him to link the joint patrimony (everything) to the responsibilities of his performance in the case of being a professional or a merchant, which, curiously, did not happen when he contracted debts of another nature.
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