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Liability of property for business or professional debts and the Commercial Registry

2nd June 2021
Liability of property for business or professional debts and the Commercial Registry

The second would be to interpret what it means that one spouse can oppose the other to exercise the trade referred to in art. 10 CCom, which has given rise to different opinions, since for some it is not possible to oppose, except for justified cause, not being possible to consent to the activity and not the patrimonial responsibility, while for others, although this last possibility would result in that the goods acquired by the trade were exclusive to the business spouse and not community property (CUENA CASAS), an opinion that would not cease to have a certain historical basis (Law 223 of the Laws of Style)

We will follow the opinion of Peña, Ragel, and Guilarte Cutierrez who rightly consider that no spouse can refuse to allow the other to engage in business, with no justification being necessary for this, being in any case the property acquired, despite the opposition, in the case of of an unfortunate expression of our CCom that must restrict its scope EXCLUSIVELY to that of the responsibility of the joint assets.

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