Corporate case law

Sichel, Gerardo c/ Massuh S.A. (National Commercial Court of Appeals, Chamber D, 1983)

The application of good faith, abuse of rights, and general private-law principles to the operation of corporate bodies. The precedent confirms that corporate law forms part of the broader private-law system: a decision formally authorized by the LGS may nevertheless be invalid if it constitutes an abusive exercise of rights or violates good faith.

CNCom., Sala D1983

Case caption

«Sichel, Gerardo c/ Massuh S.A.»

What was at issue

The application of good faith, abuse of rights, and general private-law principles to the operation of corporate bodies.

What was decided

The precedent confirms that corporate law forms part of the broader private-law system: a decision formally authorized by the LGS may nevertheless be invalid if it constitutes an abusive exercise of rights or violates good faith.

Extractable criterion

The precedent confirms that corporate law forms part of the broader private-law system: a decision formally authorized by the LGS may nevertheless be invalid if it constitutes an abusive exercise of rights or violates good faith.
The holding should be read in light of the legal interest protected in the area of corporate abuse, not solely by reference to the documentary form of the act.
Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.

Citation: CNCom., Sala D, «Sichel, Gerardo c/ Massuh S.A.», 1983 — Jurisprudencia societaria y comercial

Practical application

It is classic authority for challenges where the violation does not arise from an express corporate-law prohibition.

Frequently asked questions

What is the main takeaway from the case?

Does the rule apply automatically today?

No. The current statutory framework and the specific facts must be verified. Historical precedents retain doctrinal value, but later reforms may alter how they apply.

What should be proven in similar litigation?

The relevant corporate or commercial documentation, the parties’ conduct, the specific harm, and the facts connecting that harm to the central issue in the case: The application of good faith, abuse of rights, and general private-law principles to the operation of corporate bodies.

Informational commentary on a published ruling; it does not constitute advice nor guarantee an outcome. Application to a case depends on its circumstances.

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