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Real Estate, Grupo Nexus Informa. CONSIDERATIONS

Nor should it be forgotten that, as the Supreme Court has indicated, the so-called communities of goods when they have a commercial purpose are not communities but commercial companies (irregular companies) and therefore the previous regime would apply to them.

Finally, we must say that there is really an assumption in which it is not possible, but to wait for the legislative reform and that is that of the spouse of the natural person who exercises a profession, art or trade. We speak, for example, of the spouse in property of the lawyer, the architect or the doctor who practices private medicine. To this day it is clear that it is not possible to qualify as a merchant and in this case the spouse of the professional has no defense whatsoever insofar as our CC (art. 1365.2º) differentiates this assumption from that of the merchant and therefore ALL THE PROFITS will be liable for the debts of the professional in the "ordinary" exercise of said profession, which in turn would raise the question of determining which acts involve a "non-ordinary" exercise of the same, an issue on which we are not going to stop here.

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