Directors’ Fiduciar ors’ Fiduciary Duties in the Lik y Duties in the Likelihood of Insolv elihood of Insolvency

Abstract

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The purpose of this Essay is to analyze the Directive and its interaction with American law in order to establish some considerations in coordinating the provisions of insolvency and corporate law. This Essay focuses on the configuration of a new framework of directors’ liability in which, among other aspects, the identity of the parties subject to the duties is expressly defined, as well as the application of the rules regulating the protection of corporate discretion as well as the application of the rules regulating the business judgment rule. In turn, the Essay puts forward some proposals for a solution to the multiple governance problems that occur in the field of companies positioned in a context of corporate crisis.