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

3rd June 2021
Liability of property for business or professional debts and the Commercial Registry

Thirdly, and in line with what was expressed in the previous paragraph, the question arises of determining in the case of opposition to the exercise of the trade of art. 10 CCom what goods respond. It is clear that the proprietary goods of the merchant and the joint assets "acquired with the results of the trade" respond, highlighting the doctrine the non-derogable or "jus cogens" nature of the responsibility of the latter that proclaims the art. 6 CCom. It is clear that the private property of the spouse who has opposed or his half of the property is not liable, but what about half of the property of the merchant in which the case of those acquired as a result of trade does not reach fifty percent of the entire estate? common?

From the literal reading of art. 6 CCom could be deduced that they do not respond ("for the other common goods to be bound, the consent of both spouses will be necessary" says the article), but that cannot be the interpretation

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