Bibliographic citations
Jaramillo, E., (2024). El protocolo familiar como mecanismo jurídico para la planificación sucesoral en las empresas familiares del Perú [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/26823
Jaramillo, E., El protocolo familiar como mecanismo jurídico para la planificación sucesoral en las empresas familiares del Perú []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/26823
@mastersthesis{renati/16577,
title = "El protocolo familiar como mecanismo jurídico para la planificación sucesoral en las empresas familiares del Perú",
author = "Jaramillo Corrales, Erika",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
The objective of this research is to understand the viability of the application of the family protocol as a mechanism aimed at designing an effective family succession planning, in order to transfer the ownership of the organization to future generations, based on succession clauses that can be registered to guarantee the validity of the content before shareholders and third parties. It is hypothesized that the family protocol is effective for family succession planning and allows the transfer of ownership of the organization to future generations. The methodology used was the inductive analysis of the comparative method, applied to current Spanish and Peruvian legal norms, using legal hermeneutics based on theoretical positions of corporate law. Once the study problem was analyzed, a proposal for a legislative policy strategy was made, proposing a legislative reform to the current General Law of Companies to regulate family protocols as mechanisms for the transmission of ownership of the family business by generational transfer. It is concluded that the family protocol is an instrument based on an agreement of wills between shareholders that compose it, who seek to define the principles and values binding on the commercial business, but lacking legal effectiveness to be enforceable against third parties, losing the interest of its application in this type of companies due to the absence of legal channels that guarantee its compliance, resulting in the non-existence of legal mechanisms to give continuity to business operations based on longterm succession planning involving the new generations.
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