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  • Anali Pravnog fakulteta u Beogradu / The Annals of the Faculty of Law in Belgrade
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  • Anali Pravnog fakulteta u Beogradu / The Annals of the Faculty of Law in Belgrade
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The interest of a commercial company and the liability of its management in Serbia

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Authors
Mićović, Miodrag
Article (Published version)
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Abstract
There are three main questions that are analyzed in this article. Firstly, what can be understood to be the interest of a commercial company? There are two approaches to this question that need to be considered: one, according to which the interest of a company is the interest of an enterprise involving not only the interests of members, but also those of personnel, creditors, clients and the state as well; and another, traditional approach, according to which the interest of a company should be understood as an own company’s interest established in the interests of members, but in such way that overcomes their individual interests. Secondly, who are the persons liable for obligations to act in the interest of a company and what are their duties in this context? The primary liability for acting in the interest of a company rests upon management that in this context has a duty of care, a duty to notify about transactions and activities where personal interest exists, a duty to avoid a c...onflict of interest, a duty not to compete with the company’s business interests and a duty to keep business secrets. Thirdly, what are the consequences for managers who breach these fiduciary duties in terms of status law, property law and penal law.

Keywords:
the care of a prudent businessman / management / liability / interest of a commercial company / duty
Source:
Anali Pravnog fakulteta u Beogradu, 2012, 60, 3, 136-148

ISSN: 0003-2565

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URI
https://ralf.ius.bg.ac.rs/handle/123456789/1545
Collections
  • Anali Pravnog fakulteta u Beogradu / The Annals of the Faculty of Law in Belgrade
Institution/Community
Pravni fakultet / Faculty of Law University of Belgrade
TY  - JOUR
AU  - Mićović, Miodrag
PY  - 2012
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1545
AB  - There are three main questions that are analyzed in this article. Firstly, what can be understood to be the interest of a commercial company? There are two approaches to this question that need to be considered: one, according to which the interest of a company is the interest of an enterprise involving not only the interests of members, but also those of personnel, creditors, clients and the state as well; and another, traditional approach, according to which the interest of a company should be understood as an own company’s interest established in the interests of members, but in such way that overcomes their individual interests. Secondly, who are the persons liable for obligations to act in the interest of a company and what are their duties in this context? The primary liability for acting in the interest of a company rests upon management that in this context has a duty of care, a duty to notify about transactions and activities where personal interest exists, a duty to avoid a conflict of interest, a duty not to compete with the company’s business interests and a duty to keep business secrets. Thirdly, what are the consequences for managers who breach these fiduciary duties in terms of status law, property law and penal law.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - The interest of a commercial company and the liability of its management in Serbia
EP  - 148
IS  - 3
SP  - 136
VL  - 60
UR  - conv_3110
ER  - 
@article{
author = "Mićović, Miodrag",
year = "2012",
abstract = "There are three main questions that are analyzed in this article. Firstly, what can be understood to be the interest of a commercial company? There are two approaches to this question that need to be considered: one, according to which the interest of a company is the interest of an enterprise involving not only the interests of members, but also those of personnel, creditors, clients and the state as well; and another, traditional approach, according to which the interest of a company should be understood as an own company’s interest established in the interests of members, but in such way that overcomes their individual interests. Secondly, who are the persons liable for obligations to act in the interest of a company and what are their duties in this context? The primary liability for acting in the interest of a company rests upon management that in this context has a duty of care, a duty to notify about transactions and activities where personal interest exists, a duty to avoid a conflict of interest, a duty not to compete with the company’s business interests and a duty to keep business secrets. Thirdly, what are the consequences for managers who breach these fiduciary duties in terms of status law, property law and penal law.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "The interest of a commercial company and the liability of its management in Serbia",
pages = "148-136",
number = "3",
volume = "60",
url = "conv_3110"
}
Mićović, M.. (2012). The interest of a commercial company and the liability of its management in Serbia. in Anali Pravnog fakulteta u Beogradu, 60(3), 136-148.
conv_3110
Mićović M. The interest of a commercial company and the liability of its management in Serbia. in Anali Pravnog fakulteta u Beogradu. 2012;60(3):136-148.
conv_3110 .
Mićović, Miodrag, "The interest of a commercial company and the liability of its management in Serbia" in Anali Pravnog fakulteta u Beogradu, 60, no. 3 (2012):136-148,
conv_3110 .

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