Regime of liabilities of the corporation's managers in the german law.

Authors

  • Martín E. Abdala Universidad Tucumán

Abstract

The liabilities of the managers of corporations is a subject of high importance. The imputation of liability is based on the nonobservance of a
generic obligation of conduct: to behave with the care and the diligence
of a good businessman. That formula stayed from its institution, but
it changed the sense that is granted to him, extending the amount of
duties that must observe who lead the destinies of a corporation, until
the point that could think that the German Law consecrates an aggravated regime of responsibility for managers. Nevertheless exist diverse
morigeration to that presumed severity, as the denominated Business
Judgment Rule, the agreements of limitation or reduction of responsibility and the insurances D & O, which are analyzed in this article.

Author Biography

Martín E. Abdala, Universidad Tucumán

Doctor en Derecho, Universidad de Colonia, Alemania.

Issue

Section

Research Articles