Inconstitucionalidad del Artículo 317 de la Ley General de Compañías respecto de las compañías de economía mixta que prestan Servicios Públicos.

Abstract

This academic article aims to determine the unconstitutionality of article 317 of the general law of companies with respect to mixed economy companies that provide public services, because it is a norm contrary to the Constitution of 2008, which recognizes and guarantees the right to property in all its forms, including mixed property. In this work, national and international legislation has been analyzed to develop the theoretical foundations on the unconstitutionality of article 317 of the law of companies. Among the topics analyzed in this work are mixed economy company, unconstitutionality, public action of unconstitutionality, right to property, expropriation, principles of public administration and the dissolution of a company. As a result of the investigation, the unconstitutionality of article 317 of the law of companies was determined, because by applying the current regulations the State could appropriate all the shares of individuals, which constitutes a confiscatory act prohibited in our Constitution.