La ausencia de Affectio Societatis en el heredero del socio de compañía de responsabilidad limitada como causal de exclusión.

Abstract

The limited liability company historically has been constituted by family nuclei or trustworthy people who decide to undertake commercial activities. These people are distinguished to have a great spirit of collaboration with each other, also called Affectio Societatis. Several treaters consider these companies intuitoe personae, because partners are more interested in the quality of the person and their social ties tan their monetary weight. Said in other way, it is the intention of the contracting parties to collaborate only with each other without showing interest in freely including third parties in their business. The problem arises when one of those partners dies and their heirs take possession of their shares in the company. Him who which may or may not have the same Affectio Societatis as the deceased, and that by virtue of a legal vacuum in our Ecuadorian legislation, the partners are in the legal obligation to accept it within the business, thus violating the spirit with which the limited company was created. We will find in our legal environment a lack of legislation for these cases, which leaves both commercial societies and heirs vulnerable.