Abstract
The monograph deals with the liability of a member of the statutory body of a corporation towards third parties under the general provisions on tort liabilities. A corporation is liable to third parties for tortious conduct committed by a member of its statutory body in the performance of his or her duties.
However, unlike the previous Civil Code, the current Civil Code does not contain a provision excluding direct liability of a member of the statutory body for such torts. How does this change affect the outside liability of a member of the statutory body of a corporation? Is a member of the statutory body liable to a contractual partner of a corporation for damage caused by the fact that the member of the statutory body intentionally misled the contractual partner when concluding a contract in order to obtain a financial benefit for the corporation? Is a member of the statutory body liable for harm caused to a third party using a health hazardous product sold by the corporation that could have been prevented if the member of the statutory body had decided to withdraw the products from sale? And is a member of the statutory body liable to compensate a third party for the harm caused by entering into a cartel agreement on behalf of the corporation and enforcing conduct in concert with other competitors? Or in such cases, is only the corporation to which the tortious conduct of the member of the statutory body is attributed liable for damages? The reader will find answers to these and other questions in the monograph.