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Private law consequences of violation of the duty to act with the diligence of a professional manager of a member of an elected body of a capital company
Haluzíková, Veronika ; Josková, Lucie (advisor) ; Tomášek, Petr (referee)
Private law consequences of violation of the duty to act with the diligence of a professional manager of a member of an elected body of a capital company This thesis deals with the private law consequences of violation of the duty to act with the diligence of a professional manager of a member of an elected body of a capital company. Considering the big extent of all the existing private law consequences, I have chosen to focus on only two selected ones, which are the statutory guarantee of a member of an elected body in the extent of not compensated damage that this member has caused to a company and the duty to reimburse any unfair advantage gained in connection with violation of the duty to act with the diligence of a professional manager. The thesis is divided into three main parts. First part deals briefly with defining the duty to act with the diligence of a professional manager. There are examined the two main parts of this duty, which are the duty of loyalty and the duty of care. The second part of the thesis focuses on the first selected private law consequence which is the statutory guarantee of a member of an elected body, regulated in the civil code. There are analysed the main conditions for the creation of the statutory guarantee and the relation between them. Attention is also given...

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