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Real Estate, Grupo Nexus Informa. CONSIDERATIONS

If we could define the time that we have to live in these moments, we could say that we are in the era of real equality between men and women and of the reforms that try to implement with effective and realistic measures that equality enshrined in the Constitution for more than 30 years. forty years. As proof of this, we find the existence of a Ministry of Equality and I believe that perhaps the time has come to face the reform merely initiated in 1975 and 1981 in order to ensure that nominal equality between spouses is real, and more so in cases such as the one exposed here in which the privilege of the mercantile creditors is normally at the expense (the statistics do not lie) of the non-merchant spouse who is usually a woman and who can see his salary or salary and all his marital assets mercilessly attacked.

I believe that for this reason the creditor of any spouse, merchant or not, should have the right to go directly against ALL THE ASSETS OF THE DEBTOR (art. 1911 CC) and therefore against all their private assets as against all the joint assets that correspond to them, whether been acquired by him or by the other member of the couple (art. 1373 should also be suppressed as it subordinates the creditor's action against the community property to the fact that there are no more private property of the debtor), but the action should be forbidden against assets that as community property correspond to the non-debtor, which by the way is the general rule today except for commercial creditors (art. 1365.2º in fine) or professionals (art. 1365.2º first paragraph) and some others such as of family care (art. 1365.1º) that if in the latter case it would be justified by the nature of the debt, it lacks any motivation in the first two cases.

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