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REAL ESTATE, NEXUS INFORMA GROUP

COMPANIES WITH A NON-COMMERCIAL PURPOSE

In relation to the above, we find the difficulty of qualifying as merchants those commercial capital companies (normally limited liability companies) whose purpose is non-commercial.

This would be the case of companies dedicated to agricultural or livestock exploitation and companies whose purpose is to provide professional services (architects, lawyers, doctors ...) are professional companies or media or intermediation companies. In this regard, BROSETA, when dealing with capital companies dedicated to agriculture, considers that they are considered merchants and the same qualification applies RED to professional companies when they adopt any commercial form.

Does the mercantile character derived from the social form or the objective of the activity prevail here? In this type of partnership, if a partner secures a loan from his partnership, will the mercantile rules on the liability of community property apply? In a society dedicated to agriculture or in a professional society, could the partner's spouse state his opposition to the exercise of his activity by his partner spouse ex articles 7 and following of the commercial code in a public deed for registration in the registry trade? We think so.

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