Publication details
Následky jednání zástupce, jehož zájmy jsou v rozporu se zájmy zastoupeného
| Title in English | Consequences of a Conflict of Interests between an Agent and the Represented Person |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Proceedings |
| Conference | Pocta prof. Josefu Bejčkovi k 70. narozeninám |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Doi | http://dx.doi.org/10.5817/CZ.MUNI.P280-0094-2022 |
| Keywords | Representation; Representative; Best Interest of Principal; Conflict of Interests Between Principal and Representative; Consequences of a Conflict of Interests Between Principal and Representative; Company; Representation by Company Director. |
| Attached files | |
| Description | If the representative acts within limits of his or her authorization, the principle acquires rights and duties from representation directly. It is probably the reason for a general rule of the Czech Civil Code that a person may not represent another if his or her interests conflict with the interests of the principal. The consequences of breaching this rule are a matter of discussion that has led to a basic consensus about the issue up until now. In this paper, we argue against the so-far-reached mainstream view and try to propose an alternative approach to the legal consequences of breaching the prohibition of representation in the conflict of interests. In so doing, we pay special attention to the consequences of conflict of interests between companies and their directors. |