La incorporación de la regla de discrecionalidad en la legislación ecuatoriana.

Abstract

In order to position our legislation as avant- garde and compete internationally, the Ecuadorian legislator incorporated various figures to achieve this end, in which the Discretion rule rule stands out, which has already been incorporated in other legislations. Its content protects the management of the corporate administrator, which guarantees: the independence and autonomy in decision making where the legal basic principles like good faith, loyalty and information duties will always prevail. The incorporation of this rule supposes a successful legislative innovation in the Ecuadorian corporate regime in which is important to mention its advantages as well as its disadvantages. In addition, its content will be revised within the normative legal framework and its interference in the establishment of corporate legal duties, deepening the good businessman pattern.