Patrimony of married couples and creditor guarantee in Spanish and Colombian Law

Abstract

This article presents the summary of research results found in the doctoral thesis, which dealt with the object of responsibility of spouses in a society of property acquired during conjugal life.

In this paper, the topic is approached from the point of view of responsibility as element of mandatory link and common property as its object. This approach was carried out in both Colombian and Spanish Law. In the latter, norms ruling external responsibility of profit society, specifically articles 1367 and 1365 of the

Civil Code, are analyzed, being of special treatment each one of the assumptions established by these norms. In addition, these assumptions are analyzed with their respective application in the Colombian Law, establishing some vacuums in the norm ruling conjugal society in Colombia and a violation to the universal patrimonial responsibility because of the lack of alternatives which permit to force the dissolution of the Colombian conjugal society, in order to establish the actual patrimony of the spouse who individually has engaged in contract with a third party.