Resumen

LEON TOVAR, Soyla H.. The non-derogable rights of the shareholder in the corporation, such as fundamental minimum rights and instrumental rights. Derecho glob. Estud. sobre derecho justicia [online]. 2018, vol.3, n.9, pp.13-36.  Epub 14-Oct-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i9.164.

Objective: This article addresses the minimum fundamental rights of the shareholder of the corporation. Exposition. The rights of the shareholder are analyzed from the doctrine standpoint, comparative legislation and jurisprudence, as well as their classification and evolution. Findings. With the codification of commercial law, various rights were recognized to the shareholder, but since the end of the last century, some laws authorize the suppression, alteration or suspension of some of them, which has generated a crisis in the concept of shareholder and their minimal rights. Discussion. The doctrine discusses the non-derogable nature of some rights of shareholders. This article proposes a classification that considers the instrumental rights of the shareholder. Conclusion. There is no consensus in the doctrine or in the comparative legislation on the fundamental minimum rights of the shareholder. It is necessary to identify those rights to avoid abuses in the corporation.

Palabras llave : shareholders; corporation; shareholders’ rights; right to vote.

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