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REAL ESTATE, NEXUS INFORMA GROUP;

This means that in the case of businesses to which the Commercial Code is not applicable, such as farmers, ranchers or artisans, will the creditors of the same only be able to address themselves against their proprietary assets and only subsidiarily against the joint assets by the via art. 1373 CC? Of course, it does not seem that these creditors can invoke art. 1362.4ª which only refers to the internal scope between spouses of the expenses "in charge" of the community partnership, but not to that of the "responsibility" against third parties that is regulated in another part of our civil text (arts 1365 and following ).

To this it adds that our highest Court seems to consider that some activities of the same subject in said excluded area may be civil and other commercial and thus, for example, the recent ruling of December 10, 2020 considers that the development of agricultural activity is a Civil activity, but nevertheless the sale of food products made by the farmer is commercial and that is why he considers that the contract by which a specific amount of cereals was supplied to him is commercial. It seems to follow the line of sentences such as those of May 14, 1971 that distinguished between the (civil) activity of agricultural exploitation and the industry or commerce in its agricultural or livestock manifestations. A bit confusing the subject.

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