Publication details

Povinnost legality versus efektivní porušení práva. Může člen voleného orgánu v zájmu korporace porušit právo?

Title in English Duty to Obey the Law v. Efficient Breach of Law. May a Member of the Board Violate the Law in the Interest of the Corporation?


Year of publication 2022
Type Article in Periodical
Magazine / Source Právní rozhledy
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Keywords Duty to obey the law; efficient breach of law; duty of care; corporate interest; public interest; public order; balancing of interests
Attached files
Description In the Czech legal scholarship, the prevailing opinion is that the duty of care implies a duty to obey the law. However, its boundaries have not yet been explored. Is it an absolute duty, i.e. does a board member owe a duty to the corporation to comply with the law at all times and in all circumstances? Or, rather, is it consistent with a duty of care to evaluate the potential benefits to the corporation of a violation of the law and, if it is beneficial to the corporation, to violate the law?
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