Duty of loyalty of a member of a limited company The thesis focuses on the issue of the duty of loyalty which has been imposed on the members of capital companies by the newly adopted private law legislation as enshrined in the new Civil Code, No. 89 / 2012 Coll., and in the Business Corporations Act, No. 90 / 2012 Coll., as amended and supplemented up to now. The paper compares the newly adopted legal framework which is already in force with the previous legal regulation and describes the most significant changes and differences as brought by the new legislation. Attention was also given to the relevant case law and to the issue of its possible application when connected with the new legal framework. It can be stated that the conclusions derived from the existing case law which has been based on the previous legal framework are applicable also to the newly recodified system. A summary of the overall impacts of the new legal rules shows that the imposition of the duty of loyalty on the members of capital companies in civil law strengthens the principle of legal certainty and eases the determination of those member duties which are not literally imposed by the law or by a memorandum. Albeit the duty of loyalty is a rule of conduct created by the written law, it is general enough to evaluate on its basis...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:343738 |
| Date | January 2015 |
| Creators | Gabonay, Andrea |
| Contributors | Černá, Stanislava, Zahradníčková, Marie |
| 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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