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 |
Hoofdtitel |
Directors' liability |
Ondertitel |
a legal and empirical study |
Commerciële titel |
Directors' liability |
Categorieën |
Ondernemingsrecht |
Druk |
1 |
Verschijningsvorm |
Paperback / softback |
Verschijningsdatum |
10-03-2017 |
Uitgever |
Wolters Kluwer Nederland B.V. |
Auteur |
|
Imprint |
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Taal |
Dutch |
Illustraties |
Ja |
Pagina's |
|
Gewicht |
306 gr |
Formaat |
240 x 158 x 11 |