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The Liability For Tort About The Board Member To The Third Person

Posted on:2012-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2166330335474591Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the power of the corporation stronger and stronger,its influence is expanded step by step. The corporation as a legal person, it's a civil subject constituted by natural person, the will of the corporation is just the will of the natural person as a certain degree. The board member as the administrator, every decision of the corporation is nearly from his own will; therefore the key role of the board member in the corporation should not be underestimated. Nowadays, countries in the world give more power to the board member and in the meantime require him assumes more responsibilities. They are not only the responsibilities of the board member as the administrator of the corporation, but also the ones of the board member when he makes a gross negligence ,he must assume the liability for tort to the third person sorely. This text intends to make a systematize between the board member and the third person, utilizes two legal systems ,the relevant legislations and theories of other countries, from the major condition, act condition, subjective requirement and result condition of the liability for tort about the board member to the third person, construct the system of the liability for tort between the board member and the third person, in the hope of carrying the points about regulating the post of the board member and protecting the creditor, to achieve the improvement of the management level of the corporation. Meanwhile, this text considers that the board member as the talented person about operation and management, he must realize the profits about the corporation faster and exacter facing the intricate marketing situation, in order to prevent the responsibilities of the board member are very heavy to tie his decision-making capacity and implementation capacity, also probe the restriction of the director liability, in order to expand the sphere of application about the D & O insurance.
Keywords/Search Tags:Board Member, Liability For Tort, D & O Insurance
PDF Full Text Request
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