TITLE:
Directors’ Conflicts of Interest: Different European Legal Perspectives
AUTHORS:
Gloria Esteban De La Rosa, Jovan Shopovski
KEYWORDS:
Directors’ Conflicts of Interest; Company Law; Legal Perspectives
JOURNAL NAME:
Beijing Law Review,
Vol.4 No.4,
December
30,
2013
ABSTRACT: The well-known
term “conflicts of interest” could be found in different societal areas. It
usually has the same meaning and alludes on situations where a natural person
or an organization is involved in multiple interests. This set of circumstances
creates risks that professional judgment or a decision will be influenced by a
secondary interest. This article will mainly focus on theoretical treatment of
the conflict of interest in the company law area and its application in
different legal systems. Only company’s directors (management of the company)
and supervisory board conflicts of interest will be relevant to this work.
Different legislatives’ provisions will be analyzed. Various legal
perspectives, circumstances and legal actions related to the directors’
conflicts of interest will be presented. Apart from the binding norms, provisions
included in different “good governance codes” will be also analysed.