Efectividad del mecanismo concursal ante la previsible quiebra de la persona jurídica en el Ecuador.

Abstract

In our regulatory system, the Ecuadorian legislator has tried to regulate the relationship between individuals through private law, intensifying the control of companies through the Superintendency of Companies, Securities and Insurance as the competent authority in Ecuador, that is how, through the administrative way, by means of the application of the Preventive Bankruptcy Law, the bankruptcy mechanism has been legally implemented that seeks to formalize the concordat or agreement between the debtor company and its creditors, in order to preserve the legal entity and achieve complete extinction of their obligations; however, it is necessary to review and compare the regulations regarding bankruptcy mechanisms that can also take place through judicial and extrajudicial ways, in order to verify the effectiveness of the system. This is why this thesis presents the elements that deserve to be considered and evaluated to respond to this problem based on the analysis of corporate regulations and doctrinal criteria on effective bankruptcy legislation.