Należyta staranność członków organu zarządzającego spółki kapitałowej
Due diligence of members of the management body of a capital company
Author(s): Dorota FleszerSubject(s): Human Resources in Economy, Socio-Economic Research
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: civil liability of a member of the management board of a municipal company; due diligence; a model of a diligent supervisor
Summary/Abstract: A limited company through appointing a member of its body expects that the function thereof shall be performed with due diligence and in line with a professional nature of the activity which shall demonstrate the level higher than the average. In this scope, the establishment of the requirements will be possible through determining a “diligent guardian” model. The activity performed by a member of the management body who does not keep to this model, shall result in liability for damages. In the case of a member of the Management Board, the increased standard of care shall apply in the evaluation of the fault under Article 293 (1) of the Commercial Companies Code.
Journal: Studia z Zakresu Prawa Pracy i Polityki Społecznej
- Issue Year: 26/2019
- Issue No: 3
- Page Range: 277-290
- Page Count: 14
- Language: Polish
