Transferencia de dominio de inmuebles hipotecados producto de la cancelación de oficio de compañías.

Abstract

In our country, if an adequate process of dissolution, liquidation, cancelation and reactivation of companies is not carried out, a very serious problem is being generated; especially if there are assets that have not been liquidated until before the registration of the cancelation in the respective Mercantile Registry. What problem are we going to face derived from this problem? Many and to find a solution, several scenarios must be considered to take into account so that the assets can be liquidated even when the company does not have legal status as a result of this extinction. The Resolution adopted indicates that in order to liquidate those assets that still exist in the name of the already canceled company, all claims must be heard and resolved by a civil judge of the company’s main domicile, through and adjudication or partition of assets trial. Give This, we find ourselves before an enormous legal existing in the norm, since the procedure to be followed is not reliably established, leaving it to discretion of the judge or the partners themselves, whatever the case may be.