Cap. 16 Art. 1330Where paraphernal property is subject to the debts of the community.

When the assets of the community of acquests are insufficient to satisfy the debts which burthen it, the creditors of such community may enforce their claim against the in subsidium paraphernal property of the spouses: Provided that where -

(a) the debt is due as a civil remedy in respect of a wilful offence committed by either spouse; or

(b) the debt is one arising out of the exercise of a trade, business or profession as is referred to in article 1324;

the creditors may not enforce their claim against the paraphernal property of the spouse who has not given rise to the claim, but may in such cases enforce their claim to the extent of any part remaining unsatisfied by the assets of the community of acquests, against the paraphernal property of the spouse giving right to such claim.