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The concept of due managerial care in Czech legal order
Dvořák, Michal ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
1 Abstract This thesis deals with the issue of due managerial care in the Czech legal order. While using descriptive, analytical and comparative methods, it offers a complex discussion of this duty of members of statutory bodies of juridical persons which functions as cogent regulation of a certain level of loyalty and due care applied while acting on behalf of a juridical person. This work describes and analyses the mentioned issue. Sources of this thesis originate both from Czech and foreign legal backgrounds, some of the foreign ones include the Munich Commentary on the Act on Stock Companies or case law made under the law of the US state Delaware. In the beginning of this thesis, the nature of the relationship between members of statutory bodies and juridical person, which is determining for compensation of damage caused by the breach of duty to act with due managerial care, is inquired. Further, both components of the duty to act with due managerial care are individually explored, both the duty of care and duty of loyalty, along with commentary on the positives and negatives of their implementation in the Czech legal order. The thesis also deals with difficulties related to inverted onus of proof in proving compliance with the duty of managerial care or with the specific compensation for damage caused...
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