Responsibility for insolvency in the companies groups. An approximation to the theory of the administrator of fact in the Chilean law

Eduardo Jequier Lehuedé*

*Corresponding author for this work

Research output: Contribution to journalReview articlepeer-review

2 Scopus citations

Abstract

The present survey deals with the current situation of Chilean law on civil liability of the controller of a corporate group, by the insolvency of a dominated society. They are analyzed for the main systems deployed in the comparative law; the new regulation of the Law No. 20.720, about "Reorganization and liquidation of companies and persons"; and it is proposed to include in its provisions the figure of the de facto administrator and a direct action against this figure as an eventual responsible for the bankruptcy situation.

Translated title of the contributionResponsibility for insolvency in the companies groups. An approximation to the theory of the administrator of fact in the Chilean law
Original languageSpanish
Pages (from-to)567-594
Number of pages28
JournalRevista Chilena de Derecho
Volume42
Issue number2
DOIs
StatePublished - Aug 2015
Externally publishedYes

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