The new Spanish legal system of active and passive standing for agreements objection in capital companies
DOI:
https://doi.org/10.5377/derecho.v0i20.2791Keywords:
Spanish Companies Act, company resolutions, challenging resolutions, active and passive legitimationAbstract
The recent reform of the Spanish Companies Act (Act 31/2014, 3rd of December) gives an essentially new more restrictive solution in challenging resolutions. That Act removed the distinction between null and avoidable resolutions and reinforced the challenging of resolutions against public order. There are consequences regarding active legitimation (sections 206.1, 2 and 3, 251.1, and 495.2.b).
In relation to the ordinary entitlement to challenge resolutions (those that are not against public order), nowadays third parties that have a lawful interest are entitled in every case (previously the entitlement was limited to null resolutions), and the partners’ entitlement to challenge resolutions is conditioned by the requirement of a minimal participation, but the new regulation gives them the duty of compensating the suffered damage.
Downloads
942
Downloads
Published
How to Cite
Issue
Section
License
© Copyright Universidad Centroamericana (UCA)
The author undertakes not to submit any article to any other journal or publication simultaneously.The content of the research article is the sole responsibility of the author, as a result, the Law Journal is released from any responsibility derived from the content of the work.
The author assigns the Revista de Derecho, the right to publish the article, distribute it and market it in the way he considers convenient, nationally and internationally, in printed and electronic format;as well as its inclusion in directories, bibliographic bases and international indexes.
This work is licensed under a licencia de Creative Commons Reconocimiento-NoComercial-CompartirIgual 4.0.
