Hacia una jurisdicción especial para la acción de desvelamiento societario.

Abstract

This work of title is based on understanding and explaining what is doctrinally and based on Ecuadorian legislation, which involves the process of societal disclosure or the inappropriateness of legal personality and all its concepts, so that we can understand what jurisdiction, legal personality and corporate veil, in addition to the concepts mentioned above, so that we can fully understand the problem and move towards a possible solution by proposing specialized courts. This is why we will propose the implementation of a special jurisdiction as a solution to the problem of the work of investigation, since by focusing on the subject of SOCIETARY SOCIETARY, entering a field where different entities such as the Superintendency of Companies, Securities and Safety (SCVS) are involved, which has the capacity to report facts that under its review are obvious anomalies; it also intervenes the Internal Revenue Service (SRI) which, as a regulatory and control body, verifies and denotes a capacity to sanction and denounce the legal person, and as the most important intervention agent is found ordinary justice, because it is brought before the civil court of the place of jurisdiction where the legal person is located. Given this, the work will also include analysis of existing legislation, making a comparative jurisdiction analysis, where the special jurisdiction will be proposed and how the process of societal disclosure or known as the noncompliance action of the legal person in Ecuador will be maintained or changed.