NO ES POSIBLE EQUIPARAR LA RESPONSABILIDAD DE LOS PATRONOS DE LAS FUNDACIONES CON LOS ADMINISTRADORES DE SOCIEDADES MERCANTILES.

Abstract

Although it is true that section 17 of Act 50/2002 of 26 December on foundations regulates trustee liability, it does so incompletely. It states that trustees are severally liable toward the foundation of which they are trustees, but the act fails to mention the possible liability of trustees toward third persons. In these cases rules written to be applied to the administrators of commercial enterprises, where private interest prevails, cannot be applied by analogy to foundations, where the general interest holds sway.