Desde el gobierno corporativo a la responsabilidad de los administradores (I)

  • Ramón Múgica Alcorta Universidad de Deusto
DOI: https://doi.org/10.18543/ed-57(2)-2009pp193-254
Keywords: Corporate Governance, economic crisis, officers and directors liability, business judgement rule, Caremark decision

Abstract

One of the main consequences of the recent economic crisis has been the narrow focus the scope of the debate has had on the managers of companies. Principles of Good Corporate Governance and Best Practice Recommendations are eventually being perceived as the instrument with which corporate disfunction and macroeconomic problems could be avoided. Is it the moment to increase obligations and liabilities, specially regarding present situation? Which is the adequate degree of requirement that would ensure system’s efficiency? Moreover, the role of law is being questioned, recalling the support of ethics and culture in management, henceforth linking somehow external liability and ethical principles. Connected to the latter it’s not yet clear whether culture, ethics and law should be, in corporate and management duties, local or global. American courts’ experience offer very interesting guidelines in order to deal with the previously exposed challenges, that could be transferred to other legal systems.

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Author Biography

Ramón Múgica Alcorta, Universidad de Deusto
Profesor de Derecho mercantil y administrativo
Published
2012-10-01
How to Cite
Múgica Alcorta, Ramón. 2012. “Desde El Gobierno Corporativo a La Responsabilidad De Los Administradores (I)”. Estudios De Deusto 57 (2), 193-254. https://doi.org/10.18543/ed-57(2)-2009pp193-254.
Issue
Vol. 57 No. 2 (2009)
Section
Studies

Last update: 08/02/2022

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