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

7th June 2021
Liability of property for business or professional debts and the Commercial Registry

REAL ESTATE, NEXUS GROUP, INFORMA

The art. 1370 of the Civil Code. The discriminatory character test

As we said at the beginning, most of the authors, not some like GUILARTE GUTIÉRREZ, considered the regime of civil and commercial codes normal and non-discriminatory because they understood that if any of the spouses since 1975, and as proof of their civil freedom , they can exercise any commercial activity and the income obtained from it, or from the exercise of any professional activity, is common, it seems a logical corollary that the profit mass is responsible for the acts carried out in that field by either of the two members of the partner. At the end of the day, the community, the Germanic community, has a scheme to some extent similar to a society (obviously we are not going to go into the issue of the difference between society and community here, which is one of the most stormy in the legal world and in a civil or collective mercantile society the partners respond to a limited extent.

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