Convenios de socios y accionistaslos Pactos Parasociales desde la Teoría General del Contrato y el Derecho de Daños

Abstract

This article analyzes Partners' and Shareholders’ Agreements, better known by their gender as Parasocial Agreements. Starting from the foundations, the elements, obligations and the civil liability regime of the Parasocial Agreements are studied, considering some regulatory systems where they can be registered and consequently become enforceable, compared to those systems that do not have such regulation in the Civil Law. The article analyzes regulations that derive from Public Limited Companies, as well as from Limited Liability and Personal Partnership Companies, and refers to Parasocial Agreements in Cooperatives. Referencing the research of doctrinaires in the main countries of Civil Law, specifically, Spain, Italy, France and Portugal and via their dogmatic to the German doctrine and in several countries of South America, such as Argentina, Brazil, Chile and Uruguay. The purpose of this article is to contribute to the creation of content for the aforementioned legal businesses by law operators, to contribute with the cognitive apprehension of the matter and to strengthen compliance with individualized rules emerging from them.