Publication at Faculty of Law |
2020
Abstract
The article deals with possible limitations of the risk of liability incurred in the discharge of the office of governing body member, either ex ante or ex post. Indeed, a limitation of liability, whether in a contract, in a founding document or elsewhere, closely relates to how we perceive liability for acting with due managerial care in terms of its systematic classification as liability based on a contract or based on the law.
The author describes the structure of the individual instruments of limiting liability and compares them with their counterparts in the German legal order.