Desestimación de la personalidad jurídica y la implementación de tribunales especializados en el Ecuador.

Abstract

This investigation is titled: DISQUALIFICATION OF THE LEGAL PERSON AND THE IMPLEMENTATION OF SPECIALIZED COURTS IN ECUADOR, which is based on the problem of the lack of a specialized entity in corporate matters under which issues concerning the corporate disclosure or also called the action for unenforceability of the legal personality can be ventilated, in addition to the fact that the regulations on corporate matters have not undergone major changes and there are institutions in disuse. In addition, the current administrative regulatory body, the Superintendence of Companies, Securities and Insurance does not have the power to solve legal problems related to the action of unenforceability of the legal personality. Thus, the legal problem is based on the lack of professionals who can solve with probity issues related to corporate law and the fact that the current corporate regulations do not contain clear and specific rules. Now, in this investigation it was reviewed in the doctrine, issues related to the legal personality and the unveiling of the corporate veil, as well as an analysis of Article 17, 17A, 17B of the current Ecuadorian Companies Law, and also was implemented a brief study in comparative law with the countries of Argentina, England and Colombia. It was concluded that it is necessary to carry out a study of the corporate figures that are currently used and that a reform of the Ecuadorian Companies Law be implemented, where adequate and effective procedures can be established that provide quick solutions to contemporary corporate conflicts.