El levantamiento del velo societario como medida de cobro de dinero.

Abstract

The Ecuadorian Companies Law establishes that The Lifting of the Corporate Veil will be applied when it is proven that the company was used in fraud of the law or for abusive purposes to the detriment of third parties, nevertheless, the law does not clearly determine what is considered as fraud to the law or abuse of the legal personality as causes of this corporate figure, leaving to the judge the conceptualization of these two assumptions, and in effect, the decision regarding the pertinence of the application of the lifting of the corporate veil. Because the Ecuadorian Companies Law does not clearly establish the requirements for the aforementioned presuppositions to be applicable, the administrators of justice are obliged to make a systematic interpretation of the figure of the lifting of the corporate veil, as well as of its grounds. Several doctrinarians have raised the requirements or elements to be considered when determining the existence of fraud against the law or abuse of legal personality, and which coincide in considering that the purpose of the doctrine of corporate lifting is to repair damages caused to third parties by fraudulent acts carried out by the partners on behalf of the company. Also, current corporate regulations do not grant the Superintendence of Companies, as the administrative regulatory body, the power to resolve special or exceptional issues such as the lifting of the corporate veil, making the procedure for the resolution of corporate disputes a cumbersome process, causing prejudice to third parties who wish to enforce and enforce the debt. Likewise, in the present investigation, it has been concluded that it is necessary to carry out an in-depth study regarding the lifting of the corporate veil and its causes, and it is recommended that a reform of the Company Law be carried out in order to implement efficient and expeditious procedures that provide a prompt solution to the corporate disputes.