Determinación de consecuencias jurídicas respecto al incumplimiento contractual en relación a los acuerdos parasociales.

Abstract

Shareholders' agreements are contracts used since before their regulation in the Ecuadorian legislation due to their great usefulness at the time of seeking to regulate the relations of the partners between themselves and the partners between the company. With their entry into force in the corporate law, the discussion regarding their validity is left behind and new prerogatives begin to emerge to give them greater effectiveness. The aim of this research is to focus, through an exploratory study, with qualitative techniques of documentary review and analysis of different legal sources, on the possible legal consequences that could arise from the breach of shareholders' agreements. It is concluded through this research that in the event of a possible breach, it is not sufficiently effective to resort to the legal tools provided by civil law under the regime of obligations in relation to the contractual breach that could arise in the event of parasocial agreements. It is considered appropriate to establish legal consequences in corporate law in order to seek the prevention of any breach of the participants of a company. Thus, several corporate sanctions have been proposed that should be considered by the legislators in order to develop the scope of the legal consequences that could result from non-compliance with a shareholders' agreement with the purpose of granting security to the partners or shareholders of a company with respect to the compliance of the shareholders' agreements that they intend to subscribe for the benefit of their relations. It is strongly suggested to deepen the subject in further studies.