Publication by the Institute for Corporate Law 108 - Directors' liability in theory

Title: Publication on behalf of the Institute for Corporate Law 108 - Directors' liability in theory

Writer: WA Westenbroek

Binding: Paperback

EAN: 9789013145663

Condition: Good

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Description:
Directors' liability law is a fairly complex area of ​​law. However, there is a good solution to reduce this complexity: abandoning the serious blame standard. This publication gives you a fresh look at the problems surrounding directors' liability law and related topics. Directors' liability law has developed into a fairly complex area of ​​law over the years. This is one of the reasons why directors' liability is a much-discussed topic in our case law and literature. However, there is a good solution to reduce this complexity: abandoning the serious blame standard. This standard does not fit into the system of the law. Directors' liability in theory has an important goal in mind: making directors' liability law simple again. That is why this publication takes a fresh look at the problems surrounding directors' liability law and related topics: the objective benchmark-director test, the director's freedom to make policy, the risk of hindsight bias, legal subjectivity, legal personality and attribution. Abandoning the serious blame standard The serious blame standard is the unmistakable common thread within this publication. Because even though the Supreme Court has been using this standard for twenty years, various questions still arise, such as: what does the term #serious blame# actually mean? Can the serious blame standard be justified? This publication carefully explains why the serious blame standard does not fit into directors' liability law? and should be abandoned. The strength of this publication lies in the in-depth, conclusive analysis of the theory surrounding directors' liability law in combination with the thorough substantiation for abandoning the standard. The most recent developments in the case law of the Supreme Court are also included in this. Considerable attention is given to the Proposal for a Law on the Management and Supervision of Legal Entities (submitted to the House of Representatives on 8 June 2016) and to important judgments, such as Staleman/Van de Ven, Ontvanger/Roelofsen, Willemsen/NOM, Spaanse Villa, Hezemans Air, RCI/Kastrop and Kampschöer/Le Roux Fruit Exporters. A fascinating publication if you come into contact with directors' liability law in your daily practice and would like to test the current paradigms for their tenability.