The majority-minority dynamics in capital societies | Royal European Academy of Doctors

Rodolfo Fernández Cuellas, doctor in Law, entered at the Royal European Academy of Doctors-Barcelona 1914 (RAED) as a corresponding academician during a ceremony that took place last Thursday, March 15, in Barcelona. The recipient read the admission speech “Las dinámicas mayoría-minoría en las sociedades de capital” (The majority-minority dynamics in capital societies). Full academician Emili Gironella answered on behalf of the RAED.

“It favours the public interest and the economic order that the minority partner can feel comfortable in a capital company”

In his presentation, the new academician analysed the challenges posed by mercantile societies in the tensions that occur between majorities and minorities of capital, a common and often necessary pulse for the development of these societies. “The majority-minority dynamic in capital companies has been and continues to be a great challenge for legal scholars studying commercial law and also for lawyers in their professional practice -Fernández Cuellas began his speech-. In this work we are interested in researching solutions, analysing the Spanish and international doctrine, and thus starting from the analysis of the problem, find ways to overcome the contradictions that our right now has not been able to solve and that appear as a serious problem for business development. We think that it is favourable to the public interest and the economic order that the minority partner can feel comfortable in a capital company”.

The academician believes that not only should legislation be renewed to avoid unnecessary grievances that end up putting at risk the stability of the mercantile companies participated with the adoption of various doctrines that review in their study, but also implement measures that can satisfy all parties as the distribution of dividends instead of hoarding, an open reading of the right of separation and the acceptance of the intervention of the legislator that contemplates the Anglo-Saxon Right to fight with the inequalities and abuses between partners.