LIABILITY OF DIRECTORS AND CORPORATE INSOLVENCY. REFLECTIONS ON THE UNDERCAPITALIZATION IN ARGENTINE LAW

Abstract

Managers and partners to be responsible must have performed an unlawful guilty or willful misconduct that -according to the natural and ordinary course of things (causal relationship)- has resulted in a situation of commercial company that damages undercapitalization creditors of the company or society itself. The undercapitalization liability shall be informed by the principles of the Civil Code notwithstanding which should take into account the peculiarities of the «corporate law» or «bankruptcy law».