Following the financial crisis, major debates arise on the use of legal sanction to keep company directors in line with corporate governance. This dissertation positions directors# liability as a corporate governance instrument; foremost affected by (stakeholders of) the company, significantly affected by courts. Legal (comparative) and empirical research brings strong analysis and arguments to improve directors# liability legislation and understanding of its potential to induce directors# good practices. Confronting legal doctrine and positive law with empirical reality, this dissertation sharply identifies when the boundary of directors# business judgment opens for judicial scrutiny. Research I demonstrates how directors are affected by directors# liability risks. Research II identifies factors of when directors are being held personally liable by courts. Research III demonstrates poor corporate governance regarding discharge from personal liability for directors# bad faith actions by means of an informed shareholders# resolution. Results, conclusions and propositions are founded on over 50 interviews with executive and supervisory directors, extensive qualitative and quantitative case law analysis (2003-2013), comparative legal analysis (Netherlands-Delaware) and legal and social literature study.
ISBN |
9789013141634 |
Title |
Directors' liability |
Subtitel |
a legal and empirical study |
Title(C) |
Directors' liability |
Category |
Ondernemingsrecht |
Edition |
1 |
Appearance |
Paperback / softback |
Publication Date |
10-03-2017 |
Publisher |
Wolters Kluwer Nederland B.V. |
Author |
|
Imprint |
|
Language |
Dutch |
Illustraties |
Ja |
Pages |
|
Weight |
306 gr |
Format |
240 x 158 x 11 |