Las contradicciones jurídicas existentes entre el art. 29 y 49 de la Ley Orgánica de la Economía Popular y Solidaria y del sector financiero popular y solidario, dificulta su aplicación, por lo que se hace necesario y urgente establecer una reforma a la presente ley
The lack of harmonization between the legal dispositions of the Organic Law of the Popular and Solidary Economy and of the Financial Popular and Solidary Sector provokes juridical incongruities that it is not allowed that this legal regulation should regulate and efectivice the faithful and strict f...
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| Format: | bachelorThesis |
| Langue: | spa |
| Publié: |
2015
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| Accès en ligne: | http://dspace.unl.edu.ec/jspui/handle/123456789/8892 |
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Ajouter un tag | Résumé: | The lack of harmonization between the legal dispositions of the Organic Law of the Popular and Solidary Economy and of the Financial Popular and Solidary Sector provokes juridical incongruities that it is not allowed that this legal regulation should regulate and efectivice the faithful and strict fulfillment of the cooperative beginning and rights of the partners specially of the Cooperatives of Saving and Credit, since the Art. 29 one indicates that " … The quality of partner is born with the acceptance on the part of the Board of Directors and the subscription of the certificates that correspond, without prejudice of his later record in the Superintendence and it will be capable neither of transfer nor transmission … " It is to say, the certificates of contribution signed by a partner on having been accepted as such, they are not capable of tranferencia not transmición. On the other hand the Art. 49 of the same legal body he says to us in his pertinent part that " … The contributions of the partners will be represented by certificates of contribution, nominative and transferable between partners or in favour of the cooperative … ", since it is possible to estimate they are contradicted, a problematics being created for his application on parts of the Cooperatives specially those of Saving and Credit. It is for these reasons that must to him realize reforms to the Organic Law of the Popular and Solidary Economy and of the Financial Popular and Solidary Sector, with the purpose of expiring with the constitutional mandate of the due process and the juridical safety, for hereby, of harmonizing in an effective way his regulation and the only beneficiaries are the partners legally recognized by the Board of Directors and then recognized by the competent authority, with this problematics it was started in my investigation. After realizing the investigation with the methodological planning, it was found that really the existing incongruities between the Arts. 29 and 49 of the Organic Law of the Popular and Solidary Economy and of the Financial Popular and Solidary Sector, provoke contradictions, creating a problem in his application on not having been able with success which of both legal dispositions is pertinent apply it, always and when no prejudice is caused to the partner of a Cooperative involved in this incoherent, vague and confused situation, for what there exists the need of a reform that clarifies these contradictions and incongruities, possessing the support of the investigated population and of all those who of one or other one it forms were a part of my investigation. In synthesis, the investigation dates back on the importance of determining the existing incongruities in the Organic Law of the Popular and Solidary Economy and of the Financial Popular and Solidary Sector and his repercussion in the Cooperatives of Saving and Credit |
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