ДЕЙСТВИЯ ИЗВЪН ГРАНИЦИТЕ НА ДОВЕРИЕТО ПРИ УПРАВЛЕНИЕ НА ООД
ACTIONS EXCEEDING THE LIMIT OF GRANTED TRUST IN THE LIMITED LIABILITY COMPANY MANAGEMENT

Summary/Abstract: The article analyses the liability of the managing director of the limited liability company. This liability is abstractly considered on the merits of due care in the field of its professional manifestation. There is violation of due care in each cases, when the actions of the managing director exceed the limits of granted authority. Violation of due care can also be seen in cases, when the actions exceed the granted trust. The term “limit of granted power” is not the same as the “limit of granted trust”. These two boundaries coincide in civil law, but in commercial law they differ from each other. The violation of trust is a ground of the liability of the managing director in both cases. Such liability is provided by supranational law as a macro level by reason of existence of common ideas, shared by all. Such liability is provided by separate national legislations as a micro level by reason of existence of own national beliefs. Countries, which are typical representative of the continental and common law families, are chosen for the aims of the comparative analysis.

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