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From the magazine SZW-RSDA 3/2024 | p. 271-282 The following page is 271

Business Judgment Rule und Intuition

The Swiss Business Judgment Rule (BJR) is intended to protect business judgment. In its current form, however, the BJR presumes a highly rationalized decision-making process, which regularly does not reflect everyday business life. This article outlines three types of intuitive decisions and shows which intuitive decisions are already protected by the BJR today. Furthermore, based on the opportunities and risks of intuition, the article considers whether the BJR should be modified to the effect that decisions which are not currently covered but are in accordance with Art. 717 para. 1 CO can also be protected.

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