Abstract

HENAO-BELTRAN, Lina Fernanda. The Liability of Company Directors in Colombia. Analysis of Judgment CSJ-SC2749 of 2021. Rev. Derecho Privado [online]. 2022, n.42, pp.393-403.  Epub Apr 06, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n42.15.

Hereafter, I will make a review of the Colombian Supreme Court of Justice decision -SC2749-2021- in which has recognized -for the first time- the incorporation of the business judgment rule as a standard over the directors' liability regime. Then, a brief note will be made to the judgments of the Superintendence of Corporations and to some arbitral decisions that have already make a reference to this subject. Finally, I will present some observations on the decision's impact and about the requirement to explicitly incorporate the BJR into our legal system.

Keywords : manager; director; officer; diligence; business judgment rule; fault; business judgment rule.

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