Extinción de sociedades : la problemática que genera la aparición de bienes ex post de la cancelación de la inscripción de una sociedad en el Registro Mercantil. Análisis interpretativo de las diferentes posturas que propugnan una solución.

Abstract

In Ecuador for several decades serious problems have arisen that revolve around the cancellation of commercial companies, when these, due to the effects of the cancellation of their registration in the Mercantile Registry, are in a situation of asset remnants. they were not liquidated in the respective Stage, constituting in front of this situation the following question: What to do with that remnant? Faced with this, there is no trace in the corporate legislation that allows us to imagine a solution to this problem, that is, there is a real legal breach in that aspect. However, the highest control body of the mercantile companies has had the wit and vision to face such a scenario, offering a subtle solution that groups the acceptance of the normative elements existing in the law and the specialized doctrinal conceptions, since they turn out to be those of the administrative field However, this solution is not the only one for this case, since the doctrine of other branches of law offers curious and interesting solutions to the problem we are discussing, being its context and justification respectable, although not free of inaccuracies. We will analyze your content in the development of this work. In summary: we are faced with a legal nebula of considerable caliber, which generates inconveniences in the cycle "death of the company", on which solutions already exist that eliminate the inconveniences that this generates; all the solutions that show variables in favor and against a unifying resolution to this problem, for which we will approach in this investigation an interpretative analysis of the legal and scientific elements used by the proponents of these theses for its approach, taking as a point of starting the integrating function of the right and how it allows to fill the "normative gaps" mentioned above.