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REAL ESTATE, NEXUS GROUP, INFORMA

On the opposition of the spouse

We have already seen that according to art. 1365, sªCC in the case of liability derived from the exercise of the profession, art or trade, it is not possible that the spouse of the professional can exercise any defense measure of "their property" while in the case of the spouse of the merchant he has the possibility of "opposing "By inscription in the commercial register, of the public deed where it exercises said right in accordance with arts 7, 8, 10 and 11 of the CCom. Said registration does not protect the goods acquired by the merchant spouse with the results of the trade, but the rest of the property, from "his property", at least the part that corresponds to him or her.

But, as we have said, to be enforceable against a third party, registration in the commercial register is required and the regulations of said register require the prior registration of the individual entrepreneur, which may be requested by the non-merchant spouse in accordance with art. 88.3ª RRM since the 1989 reform. That is why there is no problem whatsoever in the case of individual entrepreneur, but how to register this opposition in the case of the spouse of partners of a family capital company to which the Court Supreme Court considers that the liability regime of articles 6 of the CCom applies to them when it is the family's source of income? Could this opposition be registered on the sheet open to society and with what prerequisites? And would it be equally applicable to capital companies that carry out activities excluded from commercial classification such as agricultural, livestock, or professional?

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