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REAL ESTATE, NEXUS GROUP, INFORMA

Regarding the second group of judgments, Ragel Sánchez rightly criticizes said jurisprudential position by stating that our highest Court attributes the concept of merchant to someone who is not; With regard to the third group of judgments cited, they are also criticized by said author for understanding that they invoke a precept such as art. 1362 which refers "exclusively" to the internal sphere of relations between spouses and cannot be used by third parties (creditors) since our CC could have followed a model such as the Italian one in which the action of any spouse in the interest of the legitimate family to attack common goods, so in such a case said distinction between internal and external sphere would be superfluous, which by the way is defended in our country by some minority doctrine.

This has not been the case and except in the case of non-contractual obligations (art. 1366) in which our CC if exceptionally follows the criterion of family interest, as a general rule it has opted for the French system of distinguishing between the internal sphere (" expenses "in charge of the community of community) with exclusive effects between spouses and external (responsibility) with effects against third parties, not being lawful as our courts do to invoke in the external field art. 1362.4th CC. same erroneous criterion.

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