18 april 2016

On the last 14 January, Dr. Marta G. Pardini defended her thesis entitled Conflicts in the Argentine Limited Liability Company. Its solution through withdrawal, separation, exclusion and dissolution.Alternative mechanisms. The Tribunal was composed of President Dr. Jesús Quijano González, professor at the University of Valladolid; Dr. José Miguel Embid Irujo, professor at the Universitat de València; and member Dr. Sonia Rodríguez Sánchez, professor at the University of Huelva.

The 303-page paper was approved with a summa cum laude by the unanimous and secret vote of the Court at the end of the academic act, in which professors from the Department of Commercial Law, professors from other departments, students and colleagues, as well as relatives participated. Dr. Pardini explains below the reasons that led her to choose this topic. Why talk about conflicts in the Argentine LLC?

I have always been concerned about the conflicts that surround the societies that operate in the Argentine Republic -which are mostly entities integrated by relatives or people with close relationships, and do not have their capital open to the market-, due to my academic formation and the professional practice that I have been developing for many years, my objective was to study in particular limited liability companies as the second type of company chosen from among the merchants of my country, investigating their origin, structure and the functioning of their organs, but also the contingencies that can lead to conflicts within them, which are not always prevented and which in general lack legal and/or contractual rules to overcome them.

Most Argentine LLCs do not open their capital to the market

From this perspective, the task consisted fundamentally of detecting conflicts by means of the analysis of the jurisprudence dictated by our commercial courts, and from this point of view working on a more or less ideal model of social status that provides the parties involved with adequate tools to face the difficulties derived from the corporate bond.

The work consists of an introduction, five chapters and eleven conclusions prepared to provide the reader with a concrete synthesis. In the central part of Conflicts in the Argentine Limited Liability Company. Its solution through withdrawal, separation, exclusion and dissolution. Alternative mechanisms address the following issues:

• The birth of LLCs in Argentina;
• The shortcomings of the current legal regime;
• Proposals for improvement through the transfer of quotas and partial resolution;
• The possibility of dissolution in the face of the impossibility of finding an overcoming solution;
• The alternative dispute resolution mechanisms applicable to these companies.

Dr. Marta G. Pardini studied the Doctorate Programme `Law, Business and Justice', a direct antecedent of the current Master's Degree in Law, Business and Justice at the University of Valencia. "After going through the face-to-face stage of classes, having exposed my research work and having obtained the Advanced Studies Diploma under the invaluable co-direction of Professors Dr. Josefina Boquera Matarredona and Dr. Nuria Latorre Chiner, I dedicated myself to the elaboration of my doctoral thesis within the field of Commercial Law", states Dr. Marta G. Pardini.