Vulneraciones propiciadas por la sentencia del tribunal constitucional peruano que establece condiciones de validez de la operación acordeón en sociedades anónimas periodo 2012 – 2015
BAZÁN CAYETANO JULISA ELIZABET, TICLIA DE LA CRUZ DIANA JUDITH
Bazán Cayetano, Julisa Elizabet
Ticlia De La Cruz, Diana Judith
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In this work, we research about the different infringements incurred by the Constitutional Court with respect to judgment in Exp. No. 228-2009-PA/TC-La Libertad dated April 4, 2011. Which, for the first time, was established the constitutionality of applying the accordion operation in the corporation which are going through an equity imbalance. The procedure was based on the application of the interview to the member of the Constitutional Court, who was working at that period of time. The legal hermeneutics method was useful for this case. Hence, the legal transgression, well as the affections to the partners and the markets are objectively demonstrated. Inferring that the Constitutional Court is overstepped by the regulation with respect to the conditions of validity of the accordion operation.