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REAL ESTATE, NEXUS GROUP, INFORMA

All of the above leads us to affirm that art. 1365.2º regarding the responsibility of all the gains for debts derived from the exercise of professional activities or derived from the exercise of trade constitutes a PRIVILEGE in favor of creditors of that type to the detriment of the other creditors of the professional or merchant and also supposes the at the same time, a clear damage to your spouse, who can see all the assets attacked and not just half, and all this for a debt that he or she has not contracted.

Of course, the legislator was clear in his objectives that he did not hide and already in the explanatory memorandum of the 1981 reform, he pointed out how the new regulation sought "the priority consideration of traffic safety and the rights of third parties, which is evident in the face of to the change or modification of the matrimonial regime or in the possibilities granted to act erga omnes, even compromising the common goods, that is, in the dilemma of protecting in the case of individual action of a spouse either his consort or the third party our legislator prefers to this front to that, clear as water.

Many authors have blessed this privilege in favor of the merchant's or professional's creditors ("exclusive or special advantage enjoyed by someone" according to the Royal Academy), which is based exclusively on the nature of the obligation and the creditor.

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