The coordination between director’s liability and a bankruptcy liability at Spanish law
DOI:
https://doi.org/10.5377/derecho.v0i21.3276Keywords:
Liability, bankruptcy, directors, corporationsAbstract
The coexistence in Spanish law of a regime of director’s liability and a bankruptcy liability required to corporate directors generates some doubts when the corporates are incurred in a bankruptcy proceeding. In this article we are going to analyze the different doctrinal positions and court decisions on the effects of insolvency proceedings on the liability for debts ex article 367 of the “Ley de Sociedades de Capital” and the liability for damages ex articles 238 and 241 of the same Act. As well, we are going to analyze the possible coordination of these liabilities and the bankruptcy, in case the corporation is in this situationDownloads
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