La transferencia de participaciones frente al Derecho de Asociación.

Abstract

The purpose of this work is to determine if there is a contradiction in Ecuadorian law between what is established in article 113 of the Companies Law, and the Constitution of the Republic of Ecuador. The controversial issue is that said article provides that in order to transfer shares within the limited company, unanimous consent of the share capital must be obtained, which would be against the negative sense of the Right of Association, contemplated in article 20 of the Universal Declaration of Human Rights, which states that everyone has the right to freedom of association and no one may be forced to belong to any of these. Because of this we will analyze if the provisions of the current Companies Law restrict the right of association, preventing the mere will of the individual from being sufficient to withdraw from the company.