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Curiously, as the Rueda Pérez brothers point out, in the first draft of the 1981 reform in the case of purchase by a single spouse with a deferred price, it was established that only the purchased property and the proprietary patrimony of the spouse who bought would respond and not the other joint assets. to avoid that the individual performance of a spouse could harm the joint property, which was later extended in the final drafting to all the purchased property and the property of the buyer spouse according to art. 1373, but NOT to half of the other spouse, but, of course, nobody noticed, or wanted to realize, the assumption of the professional or merchant's spouse who could see ALL his property attacked in case of debts derived from the trade or profession by his partner , thus consecrating this, unjustified, privileged regime in favor of the merchant's or professional's creditors.

Thus, considering the French system followed by our CC to distinguish between the internal and external sphere, except in the aforementioned cases of art. 1370 and 1366, which are exceptional assumptions, it would have been good if our legislator had copied the ENTIRE French system that, on the one hand, does not establish the subsidiary nature of the liability of the community property in the case of proprietary debts as does our art. 1373 and on the other hand, without prejudice to clearly establishing in principle the possibility of linking all common goods by the individual action of a spouse, leaves only two assumptions that, respecting the individual scope of action, preserves the interest of the non-contracting spouse giving such an extension to the exceptions that it seems to make them a general rule; the first is the one that collects the art. 1414 of said code that states that the earnings and wages of a spouse may only be seized by the creditors of the other when it is a question of a debt contracted for the maintenance of the home or the education of the children, the second assumption is that of art . 1415, which establishes that in the cases of bonds and loans, the individual performance of a spouse only binds her private property and not the common ones.

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