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This regime of responsibility of the property of the mercantile code, as the professor ROJO points out, is applicable to the merchants subject to any regime of community of marital property such as the Navarrese or Aragonese regime of conquests. We believe that also to any foreign community regime when the Spanish Commercial Code is applicable to the obligation in question in accordance with the rules of private international law. In any case, it is not applicable to the regimes of separation of assets, although the assets of the marriage all belong to both spouses in half and jointly, as expressly recognized by the Supreme Court ruling of November 12, 2020.

In 2007, Organic Law 3/2007 for the effective equality of women and men, a Law undoubtedly full of good wishes, perhaps overlooked this issue, as VICENT CHULIÁ points out, because it understood that the current regulation sufficiently complied with the principle equality or because he forgot about it.

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