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The integrity of the accountability of directors path

Author: LiChenYang
Tutor: KuangAiMin
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: Shoji judge rules Objective good faith Duty of care Duty of loyalty Directors lose the trust
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


Director of accountability, integrity path, given the directors of the Company to independent status, to keep pace with the fiduciary duty and the duty of care, duty of loyalty to the duty of good faith, given the duty of good faith on the basis of the duty of care and duty of loyalty in the tradition of the Companies Act on directors and established directors Lutheran obligations trichotomy. Director of accountability, integrity path of long-term healthy development of the modern market economy, as well as the directors' fiduciary duties to achieve important practical significance. In this paper, the fiduciary duty of directors as the research object, is difficult for conventional company law duty of care and duty of loyalty to Han shot directors of all acts of dishonesty in this article from the analysis of the duty of good faith reason to start on the analysis of Directors' fiduciary duty independent status , on the basis of the analysis of Directors 'accountability gap target of accountability of the directors' fiduciary duty. The thesis is divided into six parts, the Introduction begins, followed by the main part of the article consists of four chapters, final finishing by the conclusion. The introduction part mainly to explain the background and significance of the thesis topics, thesis writing ideas and research methods, and pointed out the shortcomings of papers. The reason for the title of the first chapter in good faith path, use a combination of empirical and comparative analysis pointed out that the directors' fiduciary duty. By dialectical analysis of the rights and obligations of the directors, as well as the directors 'duty of care in the traditional sense of the presence of defects, demonstrated the necessity of the second chapter in the case of dishonesty by the directors, the directors' fiduciary duty exist on integrity path generation, in the foregoing The basic theory analysis of research on the legal status of the duty of good faith, subjective lack of integrity in the more traditional sense of the objective good faith, and further argues that the duty of good faith with independent legal status, and the obligation of good faith to the standards of conduct established. Use of standardized and comparative analysis methods based on the third chapter of the accountability function of the duty of good faith as a theme, with independent legal status in the foregoing analysis fiduciary duty, demonstrated the integrity of the path is the director of accountability gap filling mechanism, shareholder information up and down the same constraint mechanism as well as the protection of bona fide third company trading mechanism. Build accountable to the obligation of good faith and integrity of the path of China's director of accountability for the fourth chapter questions, pointing out that the object of the fiduciary duty of accountability, the directors deliberately let the company illegal, disingenuous inform into the abuse of power as well as the case of serious dereliction of duty Han shot areas, and hope our standards of behavior defined fiduciary duty by judicial interpretation of the \Epilogue concludes the paper, further emphasized the significance of the directors' fiduciary duty exists, and also pointed out that the duty of good faith and tradition of the duty of care and duty of loyalty to keep pace fiduciary duties trichotomy guidelines provide for accountability of directors of China's judicial practice road.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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