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Thus, the art .: 1365.2º pointed out and points out that the community assets are directly liable to the creditor, among other things, for the debts contracted "in the ordinary exercise of the profession, art or trade", referring if he were a merchant to the provisions in the Commercial Code that in its article 6 states that, in front of the creditors, in addition to the property of the spouse who exercises it, the property acquired with the results of the trade, being necessary so that the other common goods are obliged the consent of both spouses that the Code also presumes to be given to the merchant's spouse does not expressly oppose said exercise (art. 7) and when the other exercises it upon marrying and continues without opposition (art. 8), opposition that both cases must be recorded in a public deed and registered in the commercial register (art. 11).

In addition to taking these precepts for granted that the husband was in the vast majority of cases, the only one who worked, the CC and CCom of that time understood, and thus many authors accepted it naturally and complacently, that it was the best way to protect creditors, even at the expense of the professional's or merchant's spouse.

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