La renunciabilidad del derecho de atribución en un aumento de capital de una compañía.

Abstract

The main objective of this work is to determine whether the right of attribution, subsequent to a capital increase, can be waivable or not and whether this right affects the freedom of the shareholders and goes against the principle of free will as a requirement of contract law. In order to solve the legal problem raised in this work, it was pertinent to review in the first chapter the studies of the corporate law, as well as its principles and the development of corporate law in Ecuador, the fundamental rights of the partners were also analyzed. Likewise, the difference between the right of preference and the right of attribution was studied. In the second chapter, the importance of the birth of the right of attribution is reviewed; in addition, the share subscription contract is analyzed together with the principle of the autonomy of the will, and the negotiability of the right of attribution.