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Are company directors directly liable for torts attributable to the company?

icon 8 July, 2026

Debt from liability in tort for third-party damage or loss arises directly against the directors, without prejudice to the fact that, pursuant to Article 38 CC, it also arises simultaneously against the company, to which the non-contractual acts or omissions of its directors are also attributed. This is so true that the liable company (in debt, for example, with the tax authorities as the person liable for the surcharge and the tax penalty owed) may bring an action for contribution against its directors after settling the debt.

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Autor/s

Ángel Carrasco – Academic Counsel

Category

Analysis

Areas and sectors

Corporate and M&A

Ángel Carrasco
Ángel Carrasco
Academic Counsel
Ángel Carrasco
Ángel Carrasco
Academic Counsel
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