Apportionment of the Burden of Proof of Good Faith and Reasonableness of the Director's Behavior in the Process of Resolution of Disputes Connected with Imposing of Liability

Law and Economics, Vol. 2, 2012

12 Pages Posted: 12 Apr 2013

See all articles by Yulia Zhukova

Yulia Zhukova

Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Date Written: 2012

Abstract

The article is devoted to the one of the most complicated issues of the process of ascertainment of the grounds of the director’s liability for striking an unprofitable bargain on behalf of the company – the issue of imposition of a duty to prove good faith and reasonableness of his behavior. We analyze the essential provisions of the legislation setting forth the director’s liability and the proposals of its development in order to suggest recommendations of apportionment of the burden of proof.

Note: Downloadable document is in Russian.

Keywords: liability, the director of the company, burden of proof, good faith and reasonableness, acting in the company’s interest

JEL Classification: K22

Suggested Citation

Zhukova, Yulia, Apportionment of the Burden of Proof of Good Faith and Reasonableness of the Director's Behavior in the Process of Resolution of Disputes Connected with Imposing of Liability (2012). Law and Economics, Vol. 2, 2012. Available at SSRN: https://ssrn.com/abstract=2247624

Yulia Zhukova (Contact Author)

Russian Presidential Academy of National Economy and Public Administration (RANEPA) ( email )

Varnadskogo Avenue,82
Moscow, 119571
Russia

Register to save articles to
your library

Register

Paper statistics

Downloads
21
Abstract Views
238
PlumX Metrics