REQUISITOS DE FORMA DESDE LA PERSPECTIVA DEL CONTRATO DE SOCIEDAD Y TIPOS DE SOCIEDADES MERCANTILES
This paper has dealt with the study of the formal requirements applicable to partnership/company agreements. The concept of “formal requirements” refers to two different groups of formal requirements: those applicable to the partnership/company agreement itself and those required to access any of th...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8472365 |
| Source: | Revista de Derecho, ISSN 1608-1714, Vol. 22, Vol 2, 2020 (Ejemplar dedicado a: Revista de Derecho), pags. 19-57 |
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| Summary: |
This paper has dealt with the study of the formal requirements applicable to partnership/company agreements. The concept of “formal requirements” refers to two different groups of formal requirements: those applicable to the partnership/company agreement itself and those required to access any of the corporate types regulated by the Peruvian Company Act. Despite the close relationship between the two groups, they show a different legal basis. In the first case, the principles of private law, including freedom of form, regulate its legal framework. However, in the second case, the requirements come from a public control over the companies, which is manifested in the need to have a public deed, which must be entered in the public registry. |
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