La desnaturalización del derecho de lucro con el usufructo vitalicio de acciones.

Abstract

This thesis addresses the issue of the denaturalization of the right to profit based on lifetime usufruct of shares in commercial companies, such as corporations, a legal concept that, when misinterpreted or misapplied, can alter the fundamental structure of these commercial entities. Through the analysis of Ecuadorian legislation and current case law, we understand that the Companies Act has a small regulatory gap in that it does not establish an explicit distinction between lifetime and temporary usufruct, which leaves the door open for people to engage in practices that distort the nature of the right to profit, an essentially commercial element. With historical precedents in law, usufruct was conceived as a tool for protecting family assets, until modern legislation, such as that in Spain and Argentina, created legal frameworks and clear regulations for the usufruct of shares. However, in Ecuador, the same cannot be said in relation to the aforementioned, as there is an absence of regulation for this concept, or at least clear regulation, especially for its lifetime form, which has created a legal problem within commercial companies.