info:eu-repo/semantics/masterThesis
Consecuencias jurídicas de la no regulación del fondo empresarial en el ámbito de la empresa unipersonal
Fecha
2016Autor
Bocanegra Risco, Tania Carolina
Institución
Resumen
This research arises from the need to regulate the institution of enterprise fund, given that so far there has been no serious attempt to legislate this figure, the same as now, and the situation is especially economic in the country, warrants such indication. Thus we considered that our country is in full economic development, exist in reality a huge number of micro, small and medium enterprises, the same as largely not belong to a corporate form, but rather the holder of which it is a single natural person, ie the so-called sole proprietor, who hitherto harmed its entire heritage, not to be legislatively limited liability of the employer when subjected to a credit that was given to improve the company which holds sole. The same thing happens when such holder of the company he was not favored legislatively least in economic practice, with the figure of the benefit of discussion. With all this an incentive for the creation and development of the sole proprietorship is generated, which elsewhere has achieved extraordinary development, which obviously should try to emulate; on the contrary, there is in our nation a great negligence of lawmakers to establish such a figure, which in turn generates that employers might only continue generating such enterprises, being in between the need and the failure to create a series of resources and means to adopt this corporate form, which should reach the same national importance as part of world globalization obviously involved our developing country. In this regard, highlights the importance of including the enterprise fund in the current legislation, not only it is that this is the basis of the company or the instrument that the employer uses to conduct its business, but the enterprise fund is currently object of purchases, sales, leases, mortgages, etc., and, though not the problems that arise in concluding such contracts, we must always look for the most appropriate regulation to facilitate and secure the legal transactions of business funds. That is why in this paper is essentially posits that regulation is contained in a special law or inclusion in a higher grade such as the framework law on entrepreneurship, and if so with a special procedure and a special registry for these assets and transfers. With this, we are sure, the economic and legal aspect of opes will be improved and obviously with it the economy.