El principio de la prohibición del abuso del derecho. Una referencia especial al abuso del derecho de voto de los asociados minoritarios en las compañías mercantiles colombianas*

Abstract

This article seeks to determine whether the solutions provided, legally and doctrinally, to the case of legal abuse of minorities on the right to vote within the highest social body of a commercial company are apt to prevent that minority associates in the exercise of their right to vote, by action or omission, block appropriate and necessary decisions for the proper course of corporate life. The article begins by studying the fundamental notions that revolve around the institution of legal abuse in the legal-private spheres. Then, the approach of the problem of such abuse by minority partners, made through Law 1258 of 2008, as well as the solutions foreseen in the aforementioned legal text and those provided by the various different vernacular and Iberian legal operators, just as the need and convenience of inserting in our corporate legal order the judicial execution of the decision not adopted, a solution practiced by the French and German judges, will be reviewed.