La falta de affectio societatis como causal de terminación del contrato social.

Abstract

This research study has been carried out by virtue of the importance of determining the lack of consensus that exists in the doctrine regarding the affectio societatis as a consequence of considering it as a cause for termination in the absence of it. The meaning of affectio societatis has been a challenge for the doctrine and jurisprudence of Ecuador and other countries of the world, because there is no consent to its defining elements and its relevance. Therefore, the following work will analyze this figure that is part of the doctrine and whether or not it meets the requirements to be considered as an essential element of the social contract for its termination, in turn, the subjectivity of this element will be determined. Finally, we will conclude that the absence of animus societatis-affectio societatis cannot be considered as a cause for independent termination, since there is no consensus on its definition and there is no regulation in the Ecuadorian legal system.