Corporate veil in the execution of the labor obligationsthe [El velo societario en la ejecución de obligaciones laborales]
Journal
Universidad y Sociedad
Date Issued
2021
Author(s)
Holguin E.P.H.
Lascano A.M.P.
Type
Article
Abstract
The doctrine of the lifting of the corporate veil was created precisely to prevent abuses in the use of legal status, and consti-tutes a way that allows creditors to penetrate the patrimony of the partner or shareholder. The objective of this research is: To establish a reflective, critical and legal analysis of the legislation applicable to the lifting of the corporate veil for the execution of work-related sentences in Ecuador. The methodology that was applied was Historical-Legal-descriptive, because it allowed the historical monitoring of the subject of study and through the application of the analytical method. An important fin-ding of this work has been the analysis of cases, where the rights of workers, despite being recognized under a court ruling, cannot be fully enforced, due to having preceded fraudulent maneuvers by members of the legal entity that have simulated legal acts, to hide the assets of the companies and leave the workers unprotected. As a conclusion of the breaking of the hermeticism of the legal entity, it seeks to protect the rights of creditors, with the application of procedural actions regulated by law, and to link unpaid obligations to the assets of natural persons behind the corporate facade. © 2021, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.
Subjects