El principio de la voluntad de las partes en el estatuto de las SAS.

Abstract

The present investigative work deals with a study of the Simplified Stock Companies, the same one that includes the doctrinal, normative and practical sections of this, in accordance with the application of the autonomy of the will, the contractual freedom and the pacta sunt servanta that the legal norm recognizes in the statutory application of this very new type of company. Regarding these, the autonomy of the will and the contractual freedom of the parties has been placed as the main source of law in this type of society. Being that the dispositive principle of the shareholders has allowed a constant and vertiginous growth regarding the needs to formalize their businesses and/or undertakings. To this extent, it is necessary for the academy to study, know and reflect on the scope of the legal provisions in order to recognize the scope that the statutory provisions of the partners are capable of reaching and how that fosters or restricts the ability of those interested in use this type of legal tools. Recognizing in turn, that the bylaws are the main reference in the obligations of the partners in the companies. And that this directly influences their operation. Therefore, this investigative work will carry out a comprehensive review of the regulatory provisions of the SAS.