Thursday, September 3, 2020

Chapter 4. Carrying on a Trade by Married Persons

 Chapter 4. Carrying on a Trade by Married Persons

 

Art. 16. - Married persons may carry on trade.

Any married person may carry on a trade as though he were unmarried unless his spouse objects thereto as provided in Art. 645 of the Civil Code.

 

Art. 17. - Notification of objection.

1.    As between spouses an objection under Art. 16 may be notified to the trading spouse in any manner.

2.    An objection under Art. 16 shall not affect third parties, in accordance with Art. 121 of this Code, unless notice of such objection has been entered in the commercial register.

 

Art. 18. - Setting aside of objection.

1.    Where the trading spouse is of the opinion that the objection is not justified, having regard to the interest of the family, he may apply to the family arbitrators to set aside the objection.

2.    Where the objection is set aside by the arbitrators, a notice to this effect shall be entered in the commercial register.

 

Art. 19. - Debts contracted by the trading spouse.

    Debts contracted by the trading spouse shall be deemed to be debts of the marriage within the meaning of Art. 659 of the Civil Code and may be recovered on the     personal estate of each spouse and on common property.

 

Art. 20. - Effect of objection.

Where an objection under Art. 16 has been entered in the commercial register, debts contracted by the trading spouse may be recovered on his personal estate only.

 

Art. 21. - Cooperation of spouses.

    Where spouses together carry on a trade, they shall both be deemed to be     traders, unless it is shown that one of them is the employee of the other.

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