LIABILITY OF CORPORATE OFFICIALS IN THE FIELD OF CORPORATE GOVERNANCE. MODERN TENDENCIES

Anatoliy Kostruba ()

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Abstract: One of the ways to eliminate corporate conflicts is the institution of liability of the corporate governance body officials. The author points out that since fiducia in the field of corporate governance increases risks of abuse of right, it is advisable to establish both the compensation for harm caused and the prevention from possible abuse of officials by excluding guilt as a condition for their responsibility. The basis for the exemption of an official from liability is only a case (causa), that is a circumstance the person is not able to foresee by taking appropriate measures of professional diligence required in specific conditions.

Keywords: corporate governance; liability of corporate officials; legal entity; corporate governance bodies; case in law; strict (objective) liability; Liability law; corporatшщт (search for similar items in EconPapers)
Date: 2020-12-04
New Economics Papers: this item is included in nep-cis
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Published in Часопис Київського університету права, 2020, 1 (3), pp.136-141. ⟨10.36695/2219-5521.3.2020.24⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03042151

DOI: 10.36695/2219-5521.3.2020.24

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