La naturaleza de la capitalización de créditos en la Sociedad Anónima

Abstract

This paper examines capital increase by credit compensation in stock corporations, regulated
by article 202 LGS, in terms of one of the most controversial issues that Spanish
doctrine has raised: its legal status. This issue brings significant legal consequences in
our system. This paper has a brief introduction about the functionality and the structure
of the operation, a preliminary issue about what we actually look for when we ask for
the legal status of a phenomenon, an analysis of the theories proposed to determine
this in credit compensation and, finally, an opinion about it.