The Duty of Care in Romanian Company Law
An enduring problem in company law is the liability of directors to the company for damage caused by wrongful acts. On the one hand, levers must be created whereby this liability exists, is effective, and plays a preventive role: a director is discouraged from carrying out damaging activities. On th...
| Main Author: | |
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| Format: | Article |
| Language: | ces |
| Published: |
Karolinum Press
2022-09-01
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| Series: | Acta Universitatis Carolinae. Iuridica |
| Online Access: | http://www.karolinum.cz/doi/10.14712/23366478.2022.37 |
| _version_ | 1818050477715095552 |
|---|---|
| author | Emöd Veress |
| author_facet | Emöd Veress |
| author_sort | Emöd Veress |
| collection | DOAJ |
| description | An enduring problem in company law is the liability of directors to the company for damage caused by wrongful acts. On the one hand, levers must be created whereby this liability exists, is effective, and plays a preventive role: a director is discouraged from carrying out damaging activities. On the other hand, the business world involves taking risks. It is sometimes regular for companies to suffer losses, not because of a mistake by a director but because of factors external to the director’s conduct. The director should therefore be encouraged to take certain risks. It all comes down to a question of balance between responsibility and risk-taking. How this balance has been created in Romanian law, what dilemmas exist, and how the courts apply the rules: the article proposes to analyse these issues. |
| first_indexed | 2024-12-10T10:54:06Z |
| format | Article |
| id | doaj.art-b5b4771f11304dc3b1422ab4cd88336f |
| institution | Directory Open Access Journal |
| issn | 0323-0619 2336-6478 |
| language | ces |
| last_indexed | 2024-12-10T10:54:06Z |
| publishDate | 2022-09-01 |
| publisher | Karolinum Press |
| record_format | Article |
| series | Acta Universitatis Carolinae. Iuridica |
| spelling | doaj.art-b5b4771f11304dc3b1422ab4cd88336f2022-12-22T01:51:56ZcesKarolinum PressActa Universitatis Carolinae. Iuridica0323-06192336-64782022-09-01683758610.14712/23366478.2022.37The Duty of Care in Romanian Company LawEmöd VeressAn enduring problem in company law is the liability of directors to the company for damage caused by wrongful acts. On the one hand, levers must be created whereby this liability exists, is effective, and plays a preventive role: a director is discouraged from carrying out damaging activities. On the other hand, the business world involves taking risks. It is sometimes regular for companies to suffer losses, not because of a mistake by a director but because of factors external to the director’s conduct. The director should therefore be encouraged to take certain risks. It all comes down to a question of balance between responsibility and risk-taking. How this balance has been created in Romanian law, what dilemmas exist, and how the courts apply the rules: the article proposes to analyse these issues.http://www.karolinum.cz/doi/10.14712/23366478.2022.37 |
| spellingShingle | Emöd Veress The Duty of Care in Romanian Company Law Acta Universitatis Carolinae. Iuridica |
| title | The Duty of Care in Romanian Company Law |
| title_full | The Duty of Care in Romanian Company Law |
| title_fullStr | The Duty of Care in Romanian Company Law |
| title_full_unstemmed | The Duty of Care in Romanian Company Law |
| title_short | The Duty of Care in Romanian Company Law |
| title_sort | duty of care in romanian company law |
| url | http://www.karolinum.cz/doi/10.14712/23366478.2022.37 |
| work_keys_str_mv | AT emodveress thedutyofcareinromaniancompanylaw AT emodveress dutyofcareinromaniancompanylaw |