Business Judgment Rule und das tschechische Recht

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Title in English Business Judgment Rule and the Czech Law
Authors

POKORNÁ Jarmila

Year of publication 2011
Type Article in Proceedings
Conference Öffnung und Wandel - Die internationale Dimension des Rechts II
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Business judgment rule; directors and board's members; duties; responsability; due care; good faith; best interest of company
Description Principles of Businness Judgment Rule are in Czech law able to be enforced in judicial decision making. Courts will interpret the legal requirement of due diligence (Art. 194, sec. 5 Commercial Code) in extension way. The importance of this interpretation: added legal security for members of executive bodies of companies, extension of standards for assessment of making decisions by executive directors, elimination of courts from assessment of rightness of business decisions.
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