Abstract

FRANCO MONGUA, Javier Francisco  and  MANRIQUE RODRIGUEZ, Jaime Alberto. THE CONSTITUTION AND THE PROBLEM OF THE AGENCY IN COMPANIES WITH CONCENTRATED CAPITAL FROM THE ECONOMIC ANALYSIS OF LAW. Prolegómenos [online]. 2015, vol.18, n.36, pp.135-152. ISSN 0121-182X.  https://doi.org/10.18359/dere.938.

Legal rules on corporate matters govern the structure of commercial corporations of concentrated capital and commercial corporations of diffuse capital, from which agency problems are derived, which should not only be studied in an analytical and descriptive way from the point of view of law, but also from an economic analysis of law. Therefore, these agency problems are a categorical factor in the potential opening of reorganization or liquidation processes, since these should be addressed from a perspective of economic efficiency. Among the economic difficulties of the companies, it is inevitable to reduce the issues of the agency, as a determinant element thereof. Setbacks of the agency are key in generating economic issues of the corporations and their possible entry to reorganization or liquidation processes, but this fact can be avoided by virtue of an economic efficiency.

Keywords : Corporation of concentrated capital; corporations of diffuse capital; agency problems; economic analysis of law and economic efficiency.

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