La autonomía de la voluntad de las partes en la libre negociabilidad de las acciones en las compañías anónimas en el Ecuador.

Abstract

The principle of the free negotiation of shares in Ecuador has undergone a great change due to the addition of a new clause in article 191 of the Companies Law, which establishes the possibility of entering into private agreements between shareholders that condition the negotiation of shares in anonymous companies, this is due to the exercise of the principle of party autonomy. However, we consider that the clause leaves many concerns without explaining, therefore, in this titulation work we will analyze in more depth the subsection that was added, explaining what the principle of party autonomy and the principle of freedom consists of. negotiation of shares, the types of agreements that could be entered into between shareholders, civil liability in case of default and the effect on third parties of such agreements. All this in order to achieve a clearer understanding of this reform and to avoid future obstacles in the practical exercise of Ecuadorian corporate law.