Las sociedades de garantías recíprocas : una propuesta jurídica de necesaria introducción en la legislación ecuatoriana,

Abstract

In addition to the unforeseen circumstances that led us to the choice of this theme, which were actually the main reason why we have the Mutual Guarantee Societies as our subject of thesis, there are also certain objective reasons that transformed this in an exciting and sublime subject of study. We can highlight the following: The Mutual Guarantee Societies make up an special and distinct legal concept within the ambit of Corporate and Commercial Law. Its nature as a mutual society, variable capital, an heterogeneous essence between a contemporary financial assistance company and gremial cooperative give rise to a brilliant composition that is as fascinating as worthy of analysis. Its condition of support tool for PYMEs and micro-enterprises christen it as a rara avis both in the field of economic regime or as a tool that affects a business group usually abandoned by the public authorities and corporate sector as a social instrument. It is to be admired how these Societies have managed to survive in time into the different european legislation, and how this has commenced to be implemented into american legislation. Therefore, its study is as valid, both for its notorious novelty and for the useful and logical establishment of its characteristics. The proposal of this legal figure leads us to invite the Public Authorities, responsible for the system, to overcome the misunderstandings and reluctance to support the Societies of Mutual Guarantee, that in their noble work, seek nothing more than to provide better financing for PYMEs, same which need so much help and credibility in Ecuador by the State.