LA RELACIÓN DE CAUSALIDAD EN LA RESPONSABILIDAD CIVIL DEL SUJETO CONTROLANTE POR LOS DAÑOS OCASIONADOS A LA SOCIEDAD CONTROLADA.

Abstract

The liability of the controlling company (in Argentinean law and seemingly in comparative law as well) lacks autonomy, whereas it is not shaped by any principles of its own. On the contrary, it must be judged in the light of the events of liability defined in common law, a constraint that does not mean controlling company liability does not present peculiarities that must be weighed in each particular case. So, the controlling company will incur civil liability when the concurrent circumstances known to all are found to exist: a) perpetration, b) responsibility, c) cause/effect relationship, d) attribution factor and e) damage. None of these terms can be missing if the controlling company is to be held liable vis-à-vis the controlled company under section 54 of the Argentinean Law on Business Partnerships, although the terms will be applied with the exceptions pertinent to each case. Account must in addition be taken of the unique stamp that business law imparts to the treatment of civil liability.