"The homestead is not subject execution for debts of enrollment as such (art. 38 of Law 14,394). "
" For the purposes intended must be the date of fulfillment of the obligation, to determine, ultimately, the enforceability or the involvement of the property. Thus, judging the event of responsibility came with the signing of bills of exchange in the founding of the executive, which is prior to the date of registration of property as a homestead, it is irrelevant that the plaintiff stop its law based on an assignment held after, while, as noted by the national court, the assignee was in the place of the assignor to receive the effects of the credit at issue (cf. VCCI. 1434 and 1457). "
" There is only conclude that it was her mind, the unenforceability of the registration of property seized as a family asset executed credit here .
"The reversal reach all the good and not only the undivided portion of the debtor, it would not be possible in accordance with the purpose of the system of family property, maintain the involvement of an undivided share, subject that-also-not retain the requirement of the bond of kinship between the homeowners, it is likely that a third party acquires that portion in the auction carried out (cf. Belluscio-Zannoni, "Civil Code ...", 1998, t. 6, p. 314; CNCom, Room D," Cdto box. Varela Coop. Ltd. c / La chaise SRL "from 15.05.2000, id. Room B," Vanoli, Alberto c / Mark Oscar s / executive "of 22.06.2005, id. Room A," Guillermo San MartÃn s / bankruptcy s / inc.'s special contest " of 14.05.1999). "
" This, of course, without prejudice to the auction should reach only the undivided share of property of the debtor. "
Quote: [elDial.com - AA66DD] " For the purposes intended must be the date of fulfillment of the obligation, to determine, ultimately, the enforceability or the involvement of the property. Thus, judging the event of responsibility came with the signing of bills of exchange in the founding of the executive, which is prior to the date of registration of property as a homestead, it is irrelevant that the plaintiff stop its law based on an assignment held after, while, as noted by the national court, the assignee was in the place of the assignor to receive the effects of the credit at issue (cf. VCCI. 1434 and 1457). "
" There is only conclude that it was her mind, the unenforceability of the registration of property seized as a family asset executed credit here .
"The reversal reach all the good and not only the undivided portion of the debtor, it would not be possible in accordance with the purpose of the system of family property, maintain the involvement of an undivided share, subject that-also-not retain the requirement of the bond of kinship between the homeowners, it is likely that a third party acquires that portion in the auction carried out (cf. Belluscio-Zannoni, "Civil Code ...", 1998, t. 6, p. 314; CNCom, Room D," Cdto box. Varela Coop. Ltd. c / La chaise SRL "from 15.05.2000, id. Room B," Vanoli, Alberto c / Mark Oscar s / executive "of 22.06.2005, id. Room A," Guillermo San MartÃn s / bankruptcy s / inc.'s special contest " of 14.05.1999). "
" This, of course, without prejudice to the auction should reach only the undivided share of property of the debtor. "
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