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WRITING OF ARTICLES 6 and 10 CCOM

The wording of articles 6 and 10 CCom, referred to in art. 1365.2 ªCC, raises many doubts:

The first would be the interpretation of which are the joint assets acquired with the results of the trade referred to in art. 6 CCom, since for most of the authors, such as CÁMARA or OLIVENCIA, it would be all those from said activity, even the surrogates, although they are no longer part of the company (eg the yacht purchased with the benefits obtained), while others such as PEÑA with a more prudent criterion circumscribes the expression to the same assets acquired with said activity and to those subrogated while they remain in the company, a criterion that the Supreme Court followed in a judgment of February 16, 1987. There is another third position, as Pérez Jofre points out. , which restricts such consideration to money and merchandise.

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