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APPROACH

The objective of these notes is to show how the regulation of the 1975 and 1981 laws is now totally obsolete and in practice implies, in addition to an unjustified privilege in favor of the merchant's or professional's creditors, a clear attack on the principle equality between spouses and especially an attack on women.

As we know, the incorporation of women into the world of work today is massive, but statistics show that in terms of commercial activity, either as self-employed entrepreneurs or as partners and administrators of capital companies, the number of men is much higher than that of women, while these are the majority in other activities different from the commercial one.

Let's take an assumption: marriage in which the husband exercises a commercial activity individually and the wife is a civil servant at the service of the public administration. In this case, what both earn will be community, but, if the husband contracts debts for his aforementioned activity, the creditors may go against ALL THE PROFITS, including those corresponding to the wife, which by the way the creditors outside the said activity of either of the two spouses in debts contracted by only one inasmuch as, except in one of the cases in which the CC directly subject the community property, they could only go against the private property of the debtor and in default of these against their part in the joint property as indicated in art. 1373 which constitutes the general rule in this matter.

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