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

25th June 2021
Liability of property for business or professional debts and the Commercial Registry

Real Estate, Grupo Nexus Informa. CONSIDERATIONS

In any case, while that desired reform arrives, I believe that from LEGE DATA, it would be convenient to generalize the registration in the commercial register of the opposition to the exercise of commerce referred to in arts 7, 8, 10 and 11 CCom and 88, 3 of the RRM not only in the cases of spouses in joint ventures of individual entrepreneurs, but also in the cases of spouses of shareholders of family capital companies in which our jurisprudence establishes the responsibility ex art. 6 CCom of all community assets including those of the partner's spouse. The lack of regulatory regulation or the presumed principle of "clausus numbers" of the registry entries should not be an obstacle to this, due to the aforementioned and of course our mercantile registrars are sufficiently competent to solve this small regulatory obstacle given the clarity of the jurisprudential pronouncements .

The above statement would be applicable to all types of commercial companies, whatever their purpose, taking into account that even when they are engaged in agriculture, livestock or the exercise of professional activities, in this case the commercial nature prevails due to the form of the company. legal person as deduced from art. 2 of the Capital Companies Law when it states that "capital companies, whatever their purpose, will have a commercial character".

info@nexusgrupo.com

0034 965727960

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