Browsing by Author "Cordero Barzallo, Juan Carlos"

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El abuso de poder de mercado en la legislación ecuatoriana
(2014) Flores Orellana, Patricia Cecilia; Cordero Barzallo, Juan Carlos
Análisis al Proceso Simplificado de Constitución de Compañías Mercantiles por vía electrónica
(2016) Sánchez Urgiles, Luis Guillermo; Cordero Barzallo, Juan Carlos
The Corporate Law determines which are and will be the rules and mechanisms through which a company can have life with adherence to the Ecuadorian legislation. This research is about a new method for companies to acquire legal personality in a simplified way. The Superintendency of Companies, Securities and Insurance by Resolution No. SCV - DSC-G-14-008, issued the Regulation for the simplified process of constitution and the registration of companies in an electronic way, which proposes the use of the computer system of the Superintendency. This monography will analyze each of the steps and all the legal considerations covered in this process.
Los derechos de los socios minoritarios en el ordenamiento societario ecuatoriano
(2015) Caimayo Merchán, Christian Esteban; Cordero Barzallo, Juan Carlos
The Corporate Law and the Company Law determine the legality of the conformations and activities carried out by trading companies in the country and the defense of shareholders or investors participating as key elements. Besides the importance of knowledge of corporate matters today is vital to the construction of the law in this area as specialized and precise criteria is acquired before the conflicts that arise both in the company and in relation to third parties obligations. With regard specifically to the defense of the rights of shareholders, our legislation guarantees those termed as minority group, which have the same obligations and responsibilities, but in terms of decision making and internal issues affecting society are limited due to the percentage of contributions of the subscribed or paid that takes place when the constitution of the company or in case of corporate act for capital increase. In this research a legal analysis of existing legislation, emphasizing those provisions found in the Companies Act consistent with doctrines issued by the Superintendence of Companies and regulations concerning the rights of members minority, who have juridical-legal mechanisms to be heard or involved in decisions; avoiding in certain cases for tax abide by the provisions of the majority shareholders, considering the position taken by these for their significant contributions to the company.
Las compañías unipersonales como figura de reciente data dentro del derecho societario ecuatoriano (análisis comparativo frente a la figura de Empresas Unipersonales de Responsabilidad Limitada)
(Universidad de Cuenca, 2023-09-11) Ochoa Beltrán, Cristina Estefanía; Cordero Barzallo, Juan Carlos
This paper offers an exhaustive analysis on the development and implementation of sole proprietorships in the field of corporate law worldwide, focusing, in a special way, on the Ecuadorian legislative development for its implementation. In this way, the Law of Limited Liability Sole Proprietorships in Ecuador is analyzed in detail as the first legal figure that allowed the individual entrepreneur to acquire legal personality to carry out a specific business, the study includes a deep critique of this law, which allows us to understand the reasons behind its current disuse and, at the same time, understand the success of Simplified Stock Companies (S.S.C.) in the country. In this way, we will be able understand the reasons why the S.S.C. have become, par excellence, the most used corporate type in Ecuador in recent years, allowing, for the first time, the formation of sole proprietorships, regulated by the Companies Law of Ecuador, and under the control of the Superintendence of Companies. In addition, the recent reforms made to the Companies Law have made sole proprietorship possible for other types of companies, other than S.S.C., as well as have simplified the process and procedures for different types of companies regulated by this law. With this analysis, we seek to understand the causes of the growth and popularity of sole proprietorships and their relationship with the legal and regulatory framework in Ecuador.
La mediación y su utilidad en los conflictos familiares en la ciudad de Cuenca
(2015) López Cárdenas, Karina Margarita; Cordero Barzallo, Juan Carlos
Last years in our country, practiceof law regarding to family conflicts has been updated because there is no doubt about the importance that It has, not only for the State but for law itself, the family as an institution and as the main core of the society which is recognized by our Constitution, being therefore indispensable to protect all and each one of its legal rights, providing especially security when a controversy comes out between their members, in such way that they could find an early and peaceful solution within a peacefully environment, achieving in this way fulfilling the National Plan of Good Living. It’s just the case to guarantee what we exposed above that we have to take in count the great normative development that has had the alternative methods to solve conflicts, among them the mediation, which is recognized in our Constitution and regulated by Arbitration and Mediation Laws as well as the current General Organic Code of Process, among others.
Responsabilidad civil por abuso del derecho en el Caso No. 09501-2017-00376 en Ecuador
(Universidad de Cuenca, 2024-02-26) Guaicha Encalada, Jennifer Alejandra; Cordero Barzallo, Juan Carlos
The present legal case study focuses on the analysis of Case No. 09501-2017-00376, which revolves around a challenge against a resolution issued by the National Customs Service of Ecuador. The District Court of Tax Litigation, based in the canton of Guayaquil, decided to grant the lawsuit, declaring the nullity of the issued assessments. Consequently, a cassation appeal was filed, but it was not admitted by the Specialized Chamber of Tax Litigation of the National Court of Justice. An extraordinary protection action was then filed, notable for being classified by the Constitutional Court as a jurisprudential novelty, highlighting the concept of abuse of rights. In this context, the research aims to examine the theoretical and practical dimensions of this legal concept. Additionally, the investigation delves into the obligation to compensate for abusive conduct, concluding that in this specific case, extracontractual civil liability is applicable. This thesis seeks to contribute to understanding whether the abuse of rights extends beyond a general notion sanctioned by judges in litigation or if the party executing it can be held civilly liable.