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

25th May 2021
Liability of property for business or professional debts and the Commercial Registry

REAL ESTATE, NEXUS GROUP, INFORMA

As if that were not enough, we must not forget, as we said before, that our jurisprudence sanctions the personal responsibility with all his marital assets (including the income of his spouse) of the husband who exercises his activity through a small company of which he is the majority shareholder. in cases in which he was personally liable for individual actions in the same way as the provision of bonds or tax debts. Multiple and repeated are the judgments that affirm this on various grounds: some of them understand that art. 1366CC, which speaks of extra-contractual liability for acting for the benefit of the conjugal partnership (vgr. Judgment of October 25, 2005) in other judgments, the Court erroneously indicates that the administrator of the society is a merchant (eg judgments of September 28, 2001 or of February 19, 2014) and finally, in another group of resolutions, this conclusion is based on the application of art. 1362.4 th CC.

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