Solución de los conflictos accionarios en las sociedades capitalistas en el Ecuador.

Abstract

In our country, it is very common to form companies and distribute their participation equally, which regularly in the future generates a fairly complex corporate conflict that is difficult to overcome; The problem arises at the moment when differences arise and decisions must be taken, which becomes more complex when the administration and representation is joint between the two partners, since the daily operation of the company may be frozen; Among the main impediments that originate in this type of company, we find the impossibility of reaching a consensus in decision-making and the normal administration of the company, which, in most of these cases, leads to its termination, with the dissolution and forced liquidation of the company; Although a legislative reform on the matter is necessary, currently as a preventive measure, it is possible to establish specific clauses in the bylaws, by means of which it is provided what to do when there are discrepancies that make decision-making impossible and hinder the normal administration of the company , being able to adopt alternative forms of tiebreaker with the intervention of third parties or purchase or sale options if the tie is not overcome; Therefore, with this paper, we will address the possible solutions that could be considered to overcome this type of conflict, which occurs very frequently in capital companies, made up of joint partners.