La discrecionalidad de los negocios en el derecho ecuatoriano.

Abstract

Over the years, our country has incorporated various regulations regarding the duties and obligations of company administrators. These different regulations have been implemented in order to provide and promote greater business economic development. (Noboa Velasco, 2020) Among the purposes of the administration, we also find the need to implement business policies and measures to promote the growth of companies (Cebriá, 2009). These measures and policies are usually taken based on the lowest possible risk, when, for the correct development of the company, the ideal would be to make the appropriate decisions by encouraging higher income, whether the risk is greater or less. In this way, the need arose to incorporate a figure that established limits to the scope of the responsibility of administrators and legal representatives, granting greater legal certainty and greater clarity on the concept of corporate decisionmaking. This figure is the so-called Business Judgment Rule (BJR), which has been incorporated into Ecuadorian legislation. The purpose of this work is to discuss the assumptions on which it is based within the framework of international normative and doctrinal forecasts, in order to suggest actions for a successful application of the BJR.