Is a Common Structure of Company Directors’ Duties Evolving in EU?

11 Pages Posted: 8 Dec 2016

See all articles by Rolf Dotevall

Rolf Dotevall

University of Gothenburg, School of Business, Economics & Law, Department of Law

Date Written: 2016

Abstract

As opposed to other areas of company law, directors’ duties have not been the subject of any extensive harmonization at the European level. The system of directors’ duties in the EU continues to be characterized by a variety of approaches and legal strategies. However, the practical effect of the legal strategies deployed in the Member States, which have been in focus, is often quite similar. A very good example is the business judgment rule. The duty of loyalty shows greater variance than the duty of care. In UK law directors’ duties are regulated in quite detailed manner, especially the duty of loyalty. But in Germany, France and the Scandinavian countries the duties are not comprehensively regulated and the law relies on general principles based on fiduciary and agency laws.

Keywords: Directors' duties

JEL Classification: K22

Suggested Citation

Dotevall, Rolf, Is a Common Structure of Company Directors’ Duties Evolving in EU? (2016). Nordic & European Company Law Working Paper No. 16-16; European Business Law Review, Vol. 27, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=2882460

Rolf Dotevall (Contact Author)

University of Gothenburg, School of Business, Economics & Law, Department of Law ( email )

Sweden

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