Fideicomiso mercantil y su no inscripción en el registro mercantil.

Abstract

Due to the economic importance, both at a micro and macro economic level, of the commercial trust and its non-registration in the Commercial Registry, it is the object of study of this work, to determine doctrinally and legally the possibility of its registration; from a qualitative approach, using the legal-comparative method of the legislation of Ecuador, Argentina, Chile, Colombia, Perú and México; to which is added the opinion of legal professionals who deal with this issue in their daily work. All of which, as a result, failure to register in the Mercantile Registry, obviating compliance with the Principle of Registration Advertising; even when it is legally possible and highly recommended to register. The need arises to make this obligation positive by reforming article 109 of the Securities Market Law.