La suspensión cautelar de acuerdos sociales impugnados

Abstract

The purpose of this paper is to closely examine one of the precautionary measures legally provided for in connection with the applicable procedures for challenging corporate agreements, leading to the suspensión of such contested corporate agreements. Thus, this paper analyzes, in the light of our jurisprudence, the scope, nature, legitimacy (active and passive) and the procedural peculiarities that accompany the adoption of the aforementioned precautionary measures. Among them, it considers the possibility of requesting such measure before the filing of the claim to challenge the agreement and the possibility of that precautionary measure being accepted by the court ex parte without hearing the opposing party. The cases that may lead to the cease of effects of that measure are also studied; especially, the revocation, substitution and rectification of the contested corporate agreement.