El régimen jurídico del protocolo familiar

Identificador:  TDX:1960

Handle: https://hdl.handle.net/20.500.11797/TDX1960

Autors:  Valmaña Cabanes, Antonio José

Resum:
The thesis starts with a first study about the family business as a corporation, with its peculiarities and its engagement with existing legal forms. Considering that one of its most important elements is its vocation of continuity, and considering also that the problems with the generational change are the leading cause of death of such companies, we analyse how the Family Constitution can solve that problems. Within the Family Constitution analysis, we review its historical background, the experience in other jurisdictions and, above all, its efficacy problems in Spain. These are the problems of all shareholders' agreements, but with an additional element: not all its content can be binding, because it conflicts with mandatory norms. Therefore, we propose to improve the effectiveness through specific legal solutions (penalty clauses, additional provisions), some relatively recent options (access to the Registry of Commerce) and, above all, the full conviction of its signatories, consequence of their consensus.