EL ESTADO-EMPRESARIO. ANÁLISIS DENTRO DEL ORDENAMIENTO JURÍDICO ECUATORIANO Y CUBANO
THE ENTREPRENEUR-STATE. ANALYSIS WITHIN THE ECUADORIAN AND CUBAN LEGAL SYSTEM

Summary/Abstract: The State-entrepreneur from International Law, has been introduced into the legal systems of Ecuador and Cuba, from its origins, basic characteristics, elements that distinguish it, legal nature, and the objective it pursues from being conceived as an essential instrument. for carrying out commercial and industrial activities in commercial acts. It is characterized by being an economic agent, the purpose is conceived for military or national security reasons, for economic policy, strategic nature, the fight against monopolistic companies (public services), fiscal or commercial, for economic restructuring, as a planning instrument, the insufficiency and non-existence of the private sector. They are state entities that carry out an industrial activity under a Public Law regime. In Ecuador and Cuba, the multiplicity of legal norms survives in legal systems. Ecuador has an Organic Law of Public Companies, for human development, good living, sustainable development, acts in the exploration, exploitation and industrialization of renewable natural resources and provision of public services. The State intervenes for two fundamental reasons, the first: the capacity of the private sector is insufficient for projects that generally require large investments, and the second: the private sector has no interest in providing certain public services, which do not provide them with a return. In Cuba, there is no Business Law to order the business network among the actors of the Cuban economy in response to the constitutional mandate, with the recognition of private property, both for those constituted by private companies and those created in the state sector.

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