News

Real Estate, Grupo Nexus Informa. FINAL CONCLUSION.

Once the current situation is exposed, we believe that it is clearly discriminatory for the spouses in property and in the case of the merchant spouse, especially for women before the greater number of male entrepreneurs.

De lege ferenda would require a more equitable regulation of the responsibility of community property in the case of the exercise of trade or qualified professions, corresponding to the legislative power such reform, regulation that should end the privilege of creditors in those cases that may Attacking with impunity not only the private assets of the debtor but also the common property in its entirety, including the property of the non-merchant or non-professional.

De lege data, as we have previously defended, we believe possible the generalization of the registration of "oppositions to the exercise of commerce" ex arts 7,8,10 and 11 CCom by the spouses in joint property of both individual entrepreneurs and spouses of partners of family companies and that even though the corporate purpose could be considered non-commercial, such as agriculture, livestock or the exercise of a profession if it is a capital company. The same solution would be applicable in the case of the so-called communities of business assets as mentioned above.

Where without a reform today it is not possible to go further would be in the case of the spouse in property of a professional natural person, since a more rigid system of responsibility is applied to him and it is not possible for him to exercise his right to oppose ex art. 7.8 and 10 CCom that only applies to merchants.

In any case, we must remember that societies evolve and that current Spain has nothing to do with that of 1975. Today women are fully incorporated into the world of work. Maintaining the privilege of creditors in the case of a spouse in community who exercises trade or a profession seems typical of times happily past where the normal place of the wife was the home, except for honorable exceptions, and the husband was in charge of maintaining the family economy. That is past and our legislator seems not to have realized it.

As we all know, the greatest influence of Napoleon in European societies did not come from his bayonets, but from that work, the Civil Code of 1804, which was the best battering ram to overthrow the society of the Old Regime and enter fully into the Contemporary Age. History teaches us that the greatest social revolution can come from a well-articulated civil norm.

info@nexusgrupo.com

0034 965727960