My thesis relates to the action for liability due to lack of assets in French law and further deals with this institute in the Czech Republic as it can be found in § 68 of Business Corporations Act. Along with the common legislation of liability, I present the institute of faute, which is unknown to Czech law and I describe the French national legislation of the action for liability due to lack of assets. The Czech legislation, which addressed the form of the institute when creating the Business Corporations Act yields an interesting comparison given French law has long incorporated the tradition of the institute. To finish, my thesis deals with the amendment of Business Corporations Act as proposed by the Ministry of Justice in the end of 2016 and which is only at the beginning of the legislative process. In France the institute represents a special type of liability that can be established to statutory bodies when there is lack of assets. In the Czech Republic it is a special type of guarantee that can be established for a member or a former member of the business corporation's statutory body. The differences between the French and Czech legislation are mainly based upon the manner in which the fulfillment of the obligation by the statutory body is made. In France the statutory body's fulfillment goes...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:379255 |
| Date | January 2018 |
| Creators | Vybíhal, Ondřej |
| Contributors | Pelikán, Robert, Čech, Petr |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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