The Business Judgment Rule (BJR) in Peru: Is its inclusion in corporate law necessary? necessary its inclusion in Peruvian Corporate Law? Peruvian Corporate Law?

Authors

  • Jesús Hernández Peña BuenoLercari Consultores

DOI:

https://doi.org/10.21678/forseti.v11i15.1754

Keywords:

Business Judgment Rule, Tort Liability, Diligence

Abstract

The Business Judgment Rule is a rule that has been introduced in the text of the Draft Bill of the General Corporations Law with the purpose of protecting the business discretion of the directors and managers of Peruvian corporations. In the following essay we will analyze comparative regulations and jurisprudence to verify its necessity and compatibility with our civil liability legal system.

Author Biography

Jesús Hernández Peña, BuenoLercari Consultores

The author holds a law degree from the Pontificia Universidad Católica del Perú (PUCP) and a specialization in Civil Liability from the Universidad de Castilla-La Mancha, Spain. He also holds a Diploma in Arbitration from the Universidad Austral de Buenos Aires and is currently pursuing a Master's Degree in Business Law from the Graduate School of the PUCP. He is an associate lawyer of the competition and arbitration area of BuenoLercari Consultores and has been the author of publications related to contractual and arbitration matters.

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Published

2022-01-31

How to Cite

Peña, J. H. (2022). The Business Judgment Rule (BJR) in Peru: Is its inclusion in corporate law necessary? necessary its inclusion in Peruvian Corporate Law? Peruvian Corporate Law?. Forseti. Law Review, 11(15), 63–91. https://doi.org/10.21678/forseti.v11i15.1754

Issue

Vol. 11 No. 15 (2022): Forseti N° 15

Section

Artí­culos