News

REAL ESTATE, NEXUS GROUP, INFORMA

The erroneous doctrine of previous jurisprudence is so consolidated that even in matters of consumer legislation our highest Court denies the partner's spouse the protection of said special legislation when the same, normally the wife, secures together with the partner husband a debt of the company This is not due to the fact that she is a member, which she is not, but exclusively due to the fact that in such case, in accordance with articles 6 and following of the Commercial Code, she must respond with all the joint assets (judgment of November 7 2017) and this even if the merchant is the company and the partner of said entity is the husband. Moreover, as the judgment of May 28, 2020 of the Supreme Court points out, even if it had not signed, it would respond in the same way, since by the mere fact of being "co-owner of the capital stock"
Although she had not signed the loan as a joint guarantor, since her husband did so, she is jointly liable for his bond, as we collected in judgment 594/2017, of November 7.

info@nexusgrupo.com

0034 965727960