The Duty of Care and the Business Judgment Rule standard in American law and the Buen Hombre de Negocios standard in Uruguayan law

This article proposes to analyze the regulation and application of the Duty of Care and the Business Judgment Rule in American Law in order to compare it with the   Buen Hombre de Negocios standard in Uruguay. Also to discuss the applicability of American law criteria in Uruguayan law in t...

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Bibliographic Details
Main Author: Guertein Babic, Igal (author)
Format: article
Language:Spanish
Published: 2023
Subjects:
Online Access:http://revistas.um.edu.uy/index.php/revistaderecho/article/view/1154
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Summary:This article proposes to analyze the regulation and application of the Duty of Care and the Business Judgment Rule in American Law in order to compare it with the   Buen Hombre de Negocios standard in Uruguay. Also to discuss the applicability of American law criteria in Uruguayan law in the light of the draft reform of the Commercial Companies Act, and finally to propose a sort of "two-step test" at the court level for the review of the liability of company directors. The article will also study the divergences between the regime of judicial review and the conduct of company directors.