The exclusion from a capital company

Abstract

1. Introit. 2. Of the partnership contract. Essential elements (objective and subjective). 3. Of the so-called “affectio societatis” as a subjective element of the social contract. Smell. B. Middle Ages (Germanic Law). C. The Ordonnance de Commerce of 1673. D. Today 4. Of the obligations of the partner of a mercantile company, with special emphasis on the s.a. 5. Of the sanctions provided for the violation of obligations. 6. The exclusion of the partner from the company. 6.1. For patrimonial reasons. 6.2. For non-patrimonial reasons. 7. Exclusion as a form of sanction in the most important contracts called "associative" or "collaboration and assistance" in our legal system. 7.1. The avocation contract. 7.2. The cooperative contract. 8. The exclusion in our Commercial Code. 8.1. General rules of companies. 8.2. Limited Liability Company. 8.3. Limited partnership (simple). 8.4. Limited Liability Company. 8.5. Anonymous society. 8.6. Conclusion. 9. Other legal norms that could apply to the actions of the unfaithful partner. 9.1. Law of Promotion of Competition and Effective Defense of the Consumer. 9.2. Undisclosed Information Law. 10. Exclusion as a consensual cause for partial dissolution of the social contract. Aspects that must be regulated. 11. The duty of loyalty or fidelity as "accessory provision" of the partner of s.r.l. and s.a.