La Validez De Las Cláusulas Estatutarias Que Imponen La Transmisión Forzosa De Participaciones Sociales a Valor Contable

This article aims to analyse the validity of the clauses in the articles of association that establish that, in the even of the seizure of company shares, the ramaining shareholders or the company itself can acquire, in preference to the creditor enforcing the seizure, the seized shares at their book value. The question is of interest not so much from an internal or corporate point of view, which is also the cause, but rather vis-à-vis the creditor itself, since these clauses ultimatley mean that the creditor wil receive for these shares not the value or price that could be obtained in the judicial or administrative enforcement proceedings, but the book value determined in the company´s articles.