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Liability of property for business or professional debts and the Commercial Registry

21st May 2021
Liability of property for business or professional debts and the Commercial Registry

Let us remember that as the teacher Don Federico De Castro said, heritage "is first of all the recognition of an area of ​​freedom for the person, it supposes the delivery of economic powers placed at their service to facilitate their social life", having among its functions the " protection of the vital sphere of the owner of the patrimony "and that is why for this function, the author tells us, the law establishes unattachable assets and, for the same reason, has vetoed the creditor from taking justice into his own hands, appropriating things that are owed or given as collateral (which justifies, for example, the banning of the commissary agreement), all of which should lead you to think, we add, that the patrimony is nothing but an attribute of the person insofar as it implies an economic environment that contributes to the development of the individual and therefore that any regulation that exacerbates the legitimate right of a creditor to collect what is owed implies an unjustified attack on said function of that Legal institution must be examined with disfavor and accepted only in strictly necessary cases (eg in the case of art. 1,365.1º of expenses derived from the exercise of domestic power)

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