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REAL ESTATE, NEXUS GROUP, INFORMA

And it is that art. 1362 CC speaks that the expenses derived from "the acquisition" possession and enjoyment of the common goods "(number 2) and also" the regular exploitation of business and the performance of the profession are in charge of the community property. art or trade of each spouse "(4th paragraph), but that precept is included in an area forbidden to creditors, since our CC, as we have said before and except in the case of non-contractual obligations, has rejected the Italian system that allows to address all the community in the case of action of a spouse in the interest of the family and following our legislator, the French model perfectly distinguishes between the internal scope (which does not affect third parties) of the expenses incurred by the community (articles 1362 to 1364) and the external sphere or of liability towards creditors (arts. 1365 et seq.). This is the system of our code, and obviate this clear distinction, as by the way the Court has frequently done S upremo (vgr in sentence of June 11, 2001), is not in accordance with our civil law.

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