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REAL ESTATE, NEXUS INFORMA GROUP

What happens is that the concept of merchant today is outdated and should be replaced by that of traffic operator, as included in the draft commercial code of 2014 that unifies the status of all producers of goods and services in general (including farmers). , farmers and professionals) which by the way already appears unified in certain sectoral legislation such as consumer or industrial law, and thus art. 1,2º of said project spoke of market operators, although distinguishing between entrepreneurs (which included farmers and artisans and all commercial companies) and, on the other hand, natural persons who carry out an intellectual activity "be it scientific, liberal or artistic , production of services or provision of services for the market "

Obviously it could be improved, but it already implied a certain unification, although later in the matter of joint property liability in article 112.2º it was not a paragon of clarity either, stating that in the exercise of the "business activity" it would be answered indistinctly with one's own assets. and with the community or common property, not clarifying whether he responded with all the community assets, including those of his spouse, or only with those that corresponded to him. Manifestly improvable is a benevolent qualifier.

Some countries, such as Germany, have already abolished the distinction between civil and commercial entrepreneurs, although they still leave graduated professionals out of this concept.

In our country, Law 14/2013 of September 27 gives support to entrepreneurs and their internalization, unifying the concepts of civil, commercial and professional entrepreneur, but only for the purposes of that law by stating in its article that "They are considered Entrepreneurs those peroneas, regardless of their condition as a natural or legal person, who carry out a business or professional economic activity, in the terms established in this Law.

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