The lack of legal liability of the public administration: the case of fraud involving vice of will on the composition of corporate framework before the commercial boards

Abstract

Usually, Public Administration has direct liability for
damages it causes, since the provision of public service presupposes
a duty of care to avoid undesirable externalities. However, there are
situations in which this liability can be mitigated. One of these cases
refers to the liability of Commercial Boards for frauds that involve
entry with vice of will in corporate frames. This article seeks to
expose that such fraud is caused by third parties, whose fraudulent
activities originate both by the easy access to personal information
of the jeopardized and by the intentional legal waiver of greater
security requirements for the confirmation of data imposed on the
Commercial Boards. So, it is demonstrated how the search for
simplification of the procedures of archiving of business documents
allows the committing of frauds, to which the Commercial Boards,
by express legal command, are prevented from avoiding with
more effective mechanisms, however possibly more bureaucratic
and that would harm good faith entrepreneurs benefiting from
simplification. Thus, through a bibliographical research and with
a hypothetical deductive method, it is sought to verify that the
Commercial Boards have no direct liability – or only indirect – for
the entry of individual with vice of will in a business composition.