Aproximation to the external liability regime in the community of property

Abstract

The regulation of the community of property which was introduced by the legislator of 1981, with more evidence than the previous normative, draws a structuring of the common liabilities articulated on two orbits responsibility, external and internal, not absolutely disconnected, but frequently convergent, as derived by logic of the substantial similarity between the nuclear precepts that those regulate. Anyway, the dower character of the debit, qualification that will emanate, or, inexorably, of the fact of having contracted in a conjugal joint or consensual action (art. 1367 CC), or from the circumstance of having been generated apparently inside of the field of individual legitimation legally configured to affect ad extra the common mass (arts. 1365, 1366 and 1368 CC), with the inherent effect of holding directly to the potential aggression of the creditors, outside the debtor’s own flow, the commons, does not predetermine the assignment of the expense arising from his payment to the common internal liabilities, subsumption that will require their adequacy to the provisions contained in the different standards of internal liability of the legal society (arts. 1362, 1363, 1366 and 1371 CC), there being weighted to such an effect the orientation of the conjugal action to the family interest, irrelevant principle, otherwise, in the external sphere.