EL ENCARGO FIDUCIARIO COMO ALTERNATIVA PARA ASEGURAR EL CUMPLIMIENTO DE PACTOS PARASOCIALES

Abstract

After the study of the legal figure, of the theories of several authors and after the analysis of comparative legislation, it is concluded through the rationalist approach, the inductive method and the qualitative techniques, that both the parasocial agreements and the fiduciary commission together become in the insurmountable environment for the fulfillment of partner agreements. Parasocial agreements are agreements between partners that can diagram the operation when they participate in the capital of a company. Since the general meeting is the highest corporate governance body and through it it is possible to direct, review and control the development of the company, the mandate contained in a fiduciary assignment, characterized as irrevocable, is the ideal means to fulfill these agreements. Through these figures is how associates solve facts or events that could not be anticipated or expected. The guarantee of the irrevocability of the fiduciary assignment becomes the instrument to ensure these agreements.