The Limits of the Duty of Due Care – Part VI. – Consequences of a Breach of Due Care II.
back Further Consequences of Breach of Duties: Disqualification, Liability to Supplement Assets, and Obligation to Return Benefits In the previous part, we discussed the first part of the possible consequences that may arise for a member of an elected body if he or...
The Limits of the Duty of Due Care – Part V. – Consequences of a Breach of Due Care I.
back Consequences of Breach of Duties: Compensation for Damage, Unjust Enrichment and Liability If a member of an elected body breaches his or her duty to act with due care, this can have various consequences for the member. In this part, we will take a closer look at...
The Limits of the Duty of Due Care – Part IV. – Instructions for Business Management
back Company Management and the Request for Instructions under Section 51(2) of the BCA In the decision of the Grand Chamber of the Supreme Court, Case No. 31 Cdo 1993/2019, the Supreme Court summarised the existing case law and concluded that the business management...
Conference Istanbul
back Regional Collaboration and Insights: ESG Reporting and Business Opportunities in Turkey On 6-7 June, we had the opportunity to meet with colleagues from LawExchange International in Istanbul as part of a regional conference organised by the law office of...
The Limits of the Duty of Due Care – Part III – Business Judgement Rule
back The Business Judgment Rule and Its Significance for the Liability of Elected Body Members under the Czech Business Corporations Act Business judgement rule is regulated in Section 51(1) of the BCA and is a manifestation of the principle that a member of an...
The Limits of the Duty of Due Care – Part II – Duty of Loyalty and Conflict of Interest
back Conflict of Interest and Duty of Loyalty of Elected Body Members in Business Corporations under the Czech Business Corporations Act In addition to the duty to act with due care and the necessary knowledge, the duty of loyalty is also part of the duty of due care....
Amendments to the Legal Regulation of Agreement to Complete a Job
back Following the consolidation package, the Senate of the Parliament of the Czech Republic approved on 29 May 2024 further amendments to the legal regulation of agreement to complete a job (hereinafter referred to only as “ACJ”) as part of the amendment to the...
Obligation to Maintain Price Records vs. Physician Confidentiality
back A recent decision of the Supreme Administrative Court resolves the conflict between the statutory confidentiality of healthcare professionals and the obligation to keep and maintain price records. Which information doctor can (not) include on a bill? And what do...
The Limits of the Duty of Due Care – Part I – The Duty of Due Care in General
back The primary duty of the members of the statutory body is, in accordance with Section 159 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC"), to perform this function with the duty of due care. This is a mandatory regulation. According...
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