La necesidad de implementar el buen gobierno corporativo en el derecho societario ecuatoriano

Identifier:  TDX:3379

Handle: https://hdl.handle.net/20.500.11797/TDX3379

Authors:  Alarcón Valencia, Gladis Adelaida

Abstract:
The global economy, characterized by globalization, generates in companies the need to implement good corporate governance (GC) practices, in order to obtain short and long-term gains, within a legal framework and voluntarily assumed governance criteria. This is the current scenario in which Ecuadorian mercantile societies are carried out, which do not have clear and precise guidelines on GC, as do companies in other countries, mainly in the European Union and the US.This doctoral thesis focuses on the need for Ecuadorian corporate law to embrace the rules and principles of corporate governance (GC) and that Ecuadorian commercial companies voluntarily assume it.The GC is a system of internal and external principles and norms that promote the good performance of a corporation, without damaging the assets of its owners, and the functions of its administrators, optimizing the company's performance, increasing investments and its efficiency in the capital market. In the twentieth century, the GC takes special interest not only for the greater growth of the capital market of companies in some countries, but also as a mechanism that tries to avoid corporate crises, such as the corporate and banking scandals of the last century. In this regard, the proposals of GC of the Organization for Economic Corporation and Development (OECD), of the Andean Development Corporation, and of the Stock Exchange of Quito and Guayaquil are of particular importance to our country. Therefore, it is analyzed in Chapter I, “Good corporate governance: theoretical framework”, the theories, models, objectives, principles and standards of the good GC proposed by international organizations; in Chapter II, “Mercantile societies and corporate governance”, an overview of what a mercantile society is and its actions, in relation to the GC; in Chapter III, 'Comparative law analysis of the practical application of corporate governance principles', the analysis of international and regional laws related to good GC practices; in Chapter IV, “Legal Framework”, the normative historical development of the GC in Ecuador is presented; and, in Chapter V, “