Los principios configuradores del tipo social y la sociedad anónima en la Ley General de Sociedades, ¿una sociedad intuitu pecuniae?

Abstract

From a dogmatic perspective, the public limited company is viewed as an intuitu pecuniae
corporate. Although this view is taken until today for most of the Peruvian doctrine
and jurisprudence, a review of our corporate law allow us to discard that character
from this corporate type. This has major implications for the admissibility of certain
conditions in statutes, not expressly provided in Peruvian law, insofar as that they
are not incompatible with its legal status. This paper defends the non-essentiality of
intuitu pecuniae characteristic of public limited companies, by treating about essential
elements of corporate forms in Peruvian law.