Liability of Corporate Officials in the Field of Corporate Governance. Modern Tendencies

Abstract

One of the ways to eliminate corporate conflicts is the institution of liability of the corporate governance body officials. The
author points out that since fiducia in the field of corporate governance increases risks of abuse of right, it is advisable to establish both
the compensation for harm caused and the prevention from possible abuse of officials by excluding guilt as a condition for their responsibility.
The basis for the exemption of an official from liability is only a case (causa), that is a circumstance the person is not able to
foresee by taking appropriate measures of professional diligence required in specific conditions.