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Real Estate, Grupo Nexus Informa. CONSIDERATIONS

As we said at the beginning, the objective of these notes is to show how the current regulation regarding the liability of property for commercial or professional debts is of doubtful accommodation to the principles of equality between spouses and protection of the family that our Constitution, being designed for a time when women had very little presence in the labor and commercial world.

The 1975 reform exclusively sought to suppress the traditional subordination of women to their husbands, but neither that law nor the subsequent reform of 1982 took into consideration the practical consequences of this change, since the presence of women in the commercial or professional field was extremely scarce.

Thus, the 1981 reform passed by, when it really had to have undertaken the change, and 40 years later we have reached a regulation of doubtful accommodation to the principle of equality between spouses and protection of the family of arts 14.32 and 39 of the Spanish Constitution and difficult to fit with other precepts of our CC inspired by those constitutional articles such as those that establish the co-management of the community of property of art. 1375 CC (congestion affects both assets and responsibilities) or art. 71 which proclaims that "neither of the spouses can claim the representation of the other without it having been conferred" when the regulation here studied and criticized really affects directly the patrimonial sphere of the spouse of the merchant and the professional without the latter having authorized or consented to said interference, the presumption of consent of art. 7 and 8 CCom.

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