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REAL ESTATE, NEXUS GROUP, INFORMA

We are not and cannot agree, since every privilege requires a justification and we do not know what this is in the case of debt derived from the exercise of trade or the exercise of professional activity. In addition, it seems to us clearly an attack against art. 39 of the Constitution, which orders the public authorities to protect the family, that this type of creditors be favored over the interests of the spouse of the merchant or professional, constituting an attack on the general principle of joint management of the property (art. 1375 CC) upon seeing said consort attacked his patrimony by an individual action of his partner in which he has not participated.

Thus, art. 1370CC shows us that art. CC 1365.2 is a rule that deviates from the general regime of our Ordinance that does not allow creditors to address all the joint assets but only against the spouse's equity rather than against the debt (the proprietary one and its half of the joint assets), and therefore constituting the regime of art. 1373 the general rule of which art. 1370 (which also allows to go against all the good acquired) is an exception, also constituting an exception, unacceptable in our opinion, the 1365.2º and by extension the art. 6 CCom.

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