Nulidad de la dación en pago por incumplimiento del proceso de liquidación de compañías.

Abstract

In this degree project the dation in payment is analyzed and contemplated by its doctrine; the already established norm for liquidation of companies and its correspondent process, as well as the liquidators role of administrators of a company in liquidation; the abuse of the juridical personality in the presence of the fraudulent acts of the company administrators; piercing the corporate veil as an insufficient defense mechanism for guarding the rights of the company actionists or partners and stakeholder interested in itself; and the nullity of the legal act. After analyzing each of the previously mentioned institutions, it has been concluded that it is necessary to incorporate in the Law of Companies that in face of a non-fulfilment or breaching in the company liquidation process by the liquidator. Meaning that, for not starting the process on time, or for not proceed with established steps found in the legislation, held dation in payment will be sanctioned with nullity.