From the corporate government to the liability of the corporate directors (and II)
Abstract
In this second part of the assignment we briefly analyze the Spanish legal regime relative to corporate directors and officers’ general or fiduciary duties (diligence, faithfulness and loyalty). We complete this approximation with some particular references to the stock market legislation and bankruptcy law, and having with it a basic idea of the applicable rules, we advance on the study of the Supreme Court’s common law, considering the specific cases on which this one has had to rule over the last few years, in an attempt to disclose if the high court’s doctrine has resulted in some consistent principles, to wit, some prosecution lines endowed with stability and certainty, or if contrarily the pronouncements are chaired by the idea of the opportunity and the particular circumstances of the lawsuit (vane-dictum); if the jurisprudential doctrine corps is receptive to other countries’ more progressive courts’ approaches; and according to which factors does the judicature calibrates, lifting it or loosing it, the directors and officers’ demand of citizenship.
Published online: 09 December 2014
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Last update: 08/02/2022
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