Právní odpovědnost statutárního orgánu obchodní korporace

Abstract

This bachelor thesis analyzes the legal liability of the statutory organ of a business corporation in the Czech Republic, focusing on the changes introduced by the major amendment to the Business Corporations Act. The thesis addresses the definition of the statutory organ, the standard of duty of care, and the issue of ratification in cases of exceeding representational authority. A section of the text focuses on liability in the context of corporate insolvency. The work examines the shift from statutory guarantee to the institute of contribution to assets and analyzes the obligation to file an insolvency petition. Through an analysis of current case law, the thesis demonstrates the increased demands for activity of statutory organs and procedural trends in proving causation. The final chapter evaluates the effectiveness of sanctions, such as damages, disqualification, and criminal prosecution. In the conclusion, recommendations for future legislation are formulated, aimed at increasing the transparency of the registry of disqualified persons and clarifying the mechanisms of compensation for damages.