Personalistic societies. A critical look at the current Commercial Code and the draft Nicaraguan Mercantile Code

Abstract

This article aims to present a critical look at corporate types of personalistic court referred to in the current Commercial Code and how these figures are taken up in the Draft Commercial Code concluded in December 2014, in response to an oriented modernization initiative and harmonization of trade regulatory framework in Nicaragua has been prepared but not yet submitted to the National Assembly.
This analysis is performed considering the relevance that since the academy represents the proposed regulatory reform of the Commercial Code, retaking doctrinary aspects and comparative law of Latin American laws and Spain, consideredas benchmarks in commercial matters, in order to meet the treatment, regulation and enforcement of legal concepts such as partnership and limited partnership.
These types of companies, currently considered in frank disuse, because the absence of other types of companies in which the liability of members is limited to the amount of their contribution, assuming this feature a guarantee for safeguarding their personal assets, foreign or separate the capital, far outweigh its appeal regarding partnerships.