Not always. Limitations in current legislation, amending it existing regulations that concerning property relations between spouses. According to them, the creditor, the debtor któego one of the spouses can not always cater to the common property. This depends on whether the other spouse has agreed to incur liability.
If you gave such consent, the creditor may demand to satisfy also the joint property of the spouses. However, if the commitment was made without the consent of the other spouse, or a commitment of one of the spouses does not result from legal action, the creditor may request to meet with the personal property of the debtor, with remuneration for work, or income received by the debtor of other gainful activities, as well as benefits obtained from the copyright and related rights, industrial property rights or other rights of the creator. In a situation where the claim arises from the conduct of the company, satisfaction may also occur with items of property belonging to the company.
If the debt was created before the creation of a community, or apply to personal property of one spouse, the creditor may demand to meet only the personal property of the debtor, with remuneration for work, or the income received by the debtor of other gainful activities, as well as the benefits derived from the rights of creators .
Obtaining the consent of the other spouse to incur obligations depends on his decision. Such authorization enables the creditor to satisfy a wider range, which also includes a joint property of the spouses. This solution is designed to protect the family - a common property remains intact if the commitment was made without the consent of the other spouse.
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