Corporate case law

Mónaco, Pablo Fernando c/ Cicem S.R.L. y otros s/ sumario (National Commercial Court of Appeals, Chamber B, 06/12/2002)

The corporate interest, removal of managers, and exclusion of members in an SRL. The Commercial Court of Appeals examined the substantive requirements for such severe remedies, seeking to prevent their use as a tool by one faction to oppress another.

CNCom., Sala B06/12/2002

Case caption

«Mónaco, Pablo Fernando c/ Cicem S.R.L. y otros s/ sumario»

What was at issue

The corporate interest, removal of managers, and exclusion of members in an SRL.

What was decided

The Commercial Court of Appeals examined the substantive requirements for such severe remedies, seeking to prevent their use as a tool by one faction to oppress another.

Extractable criterion

The Commercial Court of Appeals examined the substantive requirements for such severe remedies, seeking to prevent their use as a tool by one faction to oppress another.
The holding should be read in light of the legal interest protected in the area of exclusion and removal, not solely by reference to the documentary form of the act.
Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.

Citation: CNCom., Sala B, «Mónaco, Pablo Fernando c/ Cicem S.R.L. y otros s/ sumario», 06/12/2002 — Jurisprudencia societaria y comercial

Practical application

It is useful in 50/50 ownership disputes, management deadlock, and allegations of just cause.

Frequently asked questions

What is the main takeaway from the case?

The Commercial Court of Appeals examined the substantive requirements for such severe remedies, seeking to prevent their use as a tool by one faction to oppress another.

Does the rule apply automatically today?

No. The current statutory framework and the specific facts must be verified. Historical precedents retain doctrinal value, but later reforms may alter how they apply.

What should be proven in similar litigation?

The relevant corporate or commercial documentation, the parties’ conduct, the specific harm, and the facts connecting that harm to the central issue in the case: The corporate interest, removal of managers, and exclusion of members in an SRL.

Informational commentary on a published ruling; it does not constitute advice nor guarantee an outcome. Application to a case depends on its circumstances.

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