La responsabilidad solidaria del órgano de administración plural y la problemática de la acción de regreso entre sus miembros

Abstract

Corporate legislation includes a specific provision on the joint liability of members of a plural management body. This paper analyzes how this liability regime operates in both the external and internal spheres. Specifically, from this second perspective, once one of the jointly liable parties satisfies the compensation to the injured party, a right of return is activated in their favor, allowing them to claim from the other co-liable parties their share of responsibility. The exercise of the right of return raises procedural doubts arising from a previous judgment against one or several jointly liable parties issued in proceedings initiated by the injured party. Other doubts affect the subjective scope of the right of return since based on the distinction between proper and improper solidarity, jurisprudence has limited it to subjects initially sued in proceedings initiated by the injured party.