Wymogi rzetelności zawodowej członków zarządu spółki kapitałowej. Pensez out-of-the-box. Bougez les lignes, mais restez dans le cadre.

• Authors: Stefanicki Robert

Title variants

EN

Requirements of professional integrity of members of the management board of a capital company. Pensez out-of-the-box. Bougez les lignes, mais restez dans le cadre.

• Languages of publication: PL

Abstracts

EN

Assuming the rationality of the legislator in the lawmaking process, there should be associated with failure to exercise due to professional civil law legal basis for their liability. Mostly, however, the courts, as well as most representatives of the doctrine, do not recognize the basis of this responsibility in the failure to comply with the standards in question, regardless of the importance of negligence. However, they assume that for effective to be charged with unlawfulness within the meaning of Art. 293 and 483 of the Commercial Companies Code, it is necessary to simultaneously prove the breach of the company's trustee by a specific provision of law or rules of the agreement (statute). Either way, this could lead to interpretative paradoxes and could imply the need to legislative interference?

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2020
• Issue: PL 3 (113)
• Pages: 47-58

Contributors

author

Stefanicki Robert

• Uniwerstet Wrocławski - University of Wrocław