EL CONTRATO COMO ORIGEN DE LAS SOCIEDADES MERCANTILES, EN EL DERECHO ESPAÑOL - COMPARACIÓN CON EL DERECHO PERUANO

Abstract

The obvious and undeniable peculiarities that distinguish a company’s foundation act
from the traditional bilateral contract have led to the apparition of different theories
about the legal nature of such act at various times and places. Many of them have in
common the denial of its contractual character. However, a more careful analysis allows
to unequivocally assert that character, and thus the full validity of the traditional concept
of “company contract”, its plurilateral nature (“two or more people”) and its radial structure
(“who bind themselves to put jointly”). An indeed exceptional case —and yet, equally
contractual in nature— may be found in the very special instance of the so-called successive
foundation of companies.