El abuso de la posición jurídica del socio

• Published in: Revist@ e-mercatoria Vol. 13; no. 2
• Main Author: Henao Beltrán, Lina Fernanda
• Format: Journal Article
• Language: Spanish
• Published: Bogotá Universidad Externado de Colombia 01.07.2014
• Subjects: Law; Limited liability companies; Partners

In the context of limited liability companies under Spanish law this paper aims to briefly address, firstly the rights of the general partners and secondly, the duty of loyalty and the social interest as the guiding elements for their actions in the development of social enterprise. After this, the author will study the most representative groups of cases from the perspective of the majority, minority and the partners who blocked decisions by its shareholder possession, taking into consideration the alternative solutions proposed by the Companies Act, and, in the absence of these, those raised by legal literature and case law, including the projection in corporate matters of the institution of abuse of rights enshrined in the Civil Code.