News

REAL ESTATE, NEXUS GROUP, INFORMA

Let's see it more clearly with an example. The small businessman Don Antonio, married in community, requests a loan of € 60,000 to expand his business of selling computer products. At the same time, happy with the progress of his business, he decides to buy a yacht valued at € 70,000, paying a small fee and postponing the rest. In the first case, if the loan is not repaid, Antonio's joint assets and his spouse may be attacked in its entirety, while in the second, the seller may only go against the yacht, the property of the debtor and his part in the joint property as to art. 1373 CC.

In other words: our Code could have established that all community assets are liable to the creditor when any spouse within their scope of autonomy alters the community assets by incorporating new assets, but nevertheless, although it collects that in the internal sphere between the spouse It is a charge of the property in art. 1362.2º when it speaks that the expenses of "acquisition, possession and enjoyment of common goods" are the responsibility of said mass, in the external sphere of responsibilities against third parties it does not include a similar precept and refers to the general regime (art 1373) with the sole exception of allowing the seller to act against all the good acquired for a deferred price (art. 1370)

info@nexusgrupo.com

0034 965727960