Legal nature of civil and commercial companies and their relationship with notarial practice

Abstract

In Ecuador, a number of companies of different nature coexist, among which it is convenient to mention civil companies, commercial companies, and those companies called "de facto". But in addition to the aforementioned, there is a type of company that is being constituted in practice. By this I mean "civil and commercial" companies, which, as will be analyzed throughout this article, cannot be considered as if they were of a corporate type, since the companies are either civil or commercial, and that the attribution contained in numeral 29, of article 18, of the notarial law -which is the legal support on which the creation is being based of these companies- what it intended was to eliminate the requirement of judicial approval existing for commercial companies in collective name and in simple limited partnership, transferring that power to the notarial service, but not to create a non-existent legal entity such as the so-called ¨civil society and trade. Objective.- The objective of this work is to demonstrate, through the analysis of several cases, how, through the interpretation of article 18, numeral 29, of the Notarial Law, ¨civile and mercantile¨ companies are being wrongly constituted as if they were a kind of company. Methodology.- In this research work, the following methods have been applied: inductive and logical historical. Contributions.- This paper seeks to contribute to the Ecuadorian corporate legal debate, by criticizing the interpretation that is being given of a norm that has mistakenly allowed the constitution of the so-called “civil and mercantile societies”, which, as will be analyzed, does not have a support legal.