Liability for damage caused by a director of a company to a third person in exercise of his function
2017
Abstract
The Article deals with direct liability for damage caused by a director of a company to a third person in exercise of his function in the company, i.e. acting on behalf of the company. The old civil law (effective until the end of 2013), as reflected by numerous judicial decisions, held the company solely liable for such damage.
Regarding the new civil law, the authors (upon the background of the outcomes of the German legal science and judicial decisions) conclude and argument in favour of a concurrent direct tort liability of the director, should all legal requirements thereof be established.