El contrato de agencia y la regulación en las transacciones entre partes vinculadas en el derecho societario.

Abstract

The Agency within Corporate Law is the institution which the lawmaker has contemplated as the mechanism through which the Managers of a Corporation carry out their duty of due diligence, in order to arrive into a harmonized system among partners and every other person that takes part in a Corporation. As a consequence of that, when several interests are agglutinated conflicts may emerge among these, which doctrine has denominated Agency Issues, and our judiciary system has adopted. Furthermore, we find within social systems in corporate ambit, differentiated structures regarding the way to perform management, that are the following: Concentrated Capital Systems and Disperse Capital. In Latin-American, specially in Ecuador, the used system is Concentrated Capital, its ways are laid out for senior and junior partners equally. Therefore, the Manager may find themselves in a position to look out for the interest of either of these groups, nonetheless, their performance shall always be in the best interest of the Company, regardless of any individual interest. This booklet seeks to analyze the need for our Corporate Law to consider the relations between bonded parties and businesses that take place between them, since often is more beneficial for the Company rather than hiring a third party.