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Some questions and reflections

The main question raised here is intertwined with many others that hinder the search for solutions, and among them we would highlight:

The concept of Merchant.

Let us think, for example, how our nineteenth-century commercial code (we are today in the 21st century), clearly excludes from such consideration those who carry out certain activities such as livestock, agricultural and artisans. Thus, for example, the individual businessman who operates a large country estate is not subject to the rigorous liability scheme of the commercial code, but the mechanic who makes a living from his small workshop or the hairdresser is.

As if that were not enough, our civil text on liability against third parties of the property (art. 1365) talks about the assumptions of the merchant and the one who exercises a "profession, art or trade" and does not deal with the assumption of business owners non-mercantile (eg farmers) of what if it seems to try in the internal sphere to determine what expenses will be borne by the community of property by pointing out art. 1362.4º that will be in charge of the common mass not only the expenses derived from the exercise of the profession, art or trade of a spouse but also those derived from the regular exploitation of businesses, without distinguishing between civil and commercial companies.

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