Nad charakterem porušení fiduciárních povinností člena voleného orgánu
Questions of Fiduciary Duty in Czech Company Law

Summary/Abstract: The ongoing debate over the nature of the relationship between a member of an elected body and business corporation apparently has not yet produced a unanimous opinion. In particular, the question is whether a breach of fiduciary duties should be considered as breach of contract or breach of the statutory provision, and whether a member of an elected body of a corporation exercises a contractual representation or a representation of law. This paper describes previously published views on these questions and brings the author’s own conclusions on the issue.

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