IDEAS home Printed from https://ideas.repec.org/p/hal/journl/halshs-00844678.html
   My bibliography  Save this paper

To whom are directors'duties owed?

Author

Listed:
  • Nicole Barthe

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique - UniCA - Université Côte d'Azur)

  • François Ecoto

Abstract

Which wrongs are done to company? The most important wrongs done to the company are probably the breach of duty of care and the breach of fiduciary duty. According to common law principles, a director owes a duty of care and a fiduciary duty to the company of which he is a director.The duties are owed to the company as a whole and not to individual shareholders. The meaning of this idea is nevertheless flexible. It has been recognised that a duty owed to the company is in effect owed to the corporators as a general body including the long-term interests of present members and the interests of future members. Under exceptional circumtancies, the duties of directors can be owed to the shareholders as distinct to the company. The fact that the duties are owed to company as a whole does not exclude the duty to take accounts of the interests of outsiders where to do so is in the best interests of the company. We examine the fundamental similarities and differences between the corporate governance systems of some differents european countries.

Suggested Citation

  • Nicole Barthe & François Ecoto, 2013. "To whom are directors'duties owed?," Post-Print halshs-00844678, HAL.
    • Handle: RePEc:hal:journl:halshs-00844678
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    More about this item

    Keywords

    Company; Shareholders; Outsiders;
    All these keywords.

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:halshs-00844678. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.