The Protective Purpose of the Contract and the Liability of an Expert Towards a Third Party in Czech, Austrian, and German Private Law

Matějková, Jitka; Pavelek, Ondřej

doi:10.2478/bjlp-2019-0016

Cited by 4 publications

(2 citation statements)

References 9 publications

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“…This legal framework provides clear regulations and boundaries for managers' actions, ensuring they comply with legal requirements in fulfilling their duties and exercising their power. Other scholars have suggested that, due to agency problems, the contractual basis of business and law between limited liability companies and managers may have different consequences depending on the purpose of the contract [16]. Due to the special power and obligations of upper management in companies, we must critically and deeply discuss the personal power of top managers.…”

Section: Managerial Myopia Behavior and Enterprise Sustainability Per...mentioning

confidence: 99%

The Influencing Mechanism of Managerial Myopic Behavior on Enterprise Sustainable Development Performance: Evidence Based on Listed Companies in China

Cui,

Zhu

2024

Sustainability

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Corporate sustainability is a key concern in today’s world. This research examines the relationship between managerial myopic behavior and corporate sustainability performance in Chinese A-share listed companies from 2013 to 2022. Based on behavioral finance theory and time orientation theory, our research provides novel insights into how time preference in managerial decisions significantly affects corporate sustainable development. We also investigate how myopic behavior by managers can adversely affect a company’s sustainable development performance. Using a robust dataset, we describe the mechanisms by which managers’ myopic behavior affects sustainability performance, especially in two aspects: financialization of assets and green innovation capability. The results of our research show the following: (1) managers’ myopic behavior adversely affects corporate sustainability performance; (2) asset financialization and green innovation capability play mediating roles; and (3) unlike the findings of the existing research, this study found that the linear moderating effect of media attention plays a significant “inverted U-shaped” moderating role in the relationship between the two influences.

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Section: Managerial Myopia Behavior and Enterprise Sustainability Per...mentioning

confidence: 99%

The Influencing Mechanism of Managerial Myopic Behavior on Enterprise Sustainable Development Performance: Evidence Based on Listed Companies in China

Cui,

Zhu

2024

Sustainability

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“…After these deadlines have expired in vain, the company would not be able to assert these claims in court, because the deadline has a preclusive nature. In practice, this means that the claims would disappear (Matejkova and Pavelek 2019).…”

Section: Non-competitionmentioning

confidence: 99%

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

Peráček

KAŠŠAJ

2023

Laws

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The rights and obligations of an executive as a top manager of a limited liability company seem to be a long-settled question. However, the opposite is true. We were particularly interested in the question of the rights and obligations of the manager as a statutory body of the most widespread type of business company. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason for this is the fact that it is a business–legal relationship and the protection provided to the executive in relation to the business company is based only on their mutual contractual basis. In addition to the examination of managerial knowledge and skills, we focused primarily on a critical analysis of the legal definition of the rights and obligations of an executive and their responsibility towards a limited liability company. As part of our research, we analyzed extensive jurisprudence, which completed our understanding of the concept of an executive and also defined the framework of not only their actions, but especially their rights and obligations. To achieve our goal, we used several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, and description. We critically evaluated the results of our research and compared the development of Slovak and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answered the research question of whether legislative intervention is necessary for the already existing rights and obligations of a manager in relation to their limited liability company. This analysis of the rights and obligations of the manager of a limited liability company has several implications for both managers and companies as a whole, such as managerial autonomy, accountability, responsibility, and the balance of power. The research findings highlighted the significant decision making authority granted to managers. The obligations identified in the analysis emphasized the need for managers to act responsibly and be accountable for their actions. The rights and obligations of managers need to be balanced with the interests of other stakeholders, particularly the company’s members. In conclusion, the critical analysis of the rights and obligations of the manager of a limited liability company, based on the managerial legislative basis, revealed that managers possess decision making authority, profit distribution rights, limited liability protection, and entitlement to compensation. However, they are also obligated to fulfill fiduciary duties, comply with laws and regulations, maintain proper records, and exercise due care. The research underscored the significance of managerial autonomy, accountability, and a balanced exercise of power in a limited liability company. By understanding and adhering to their rights and obligations, managers can effectively navigate their roles while contributing to the success and sustainability of the company

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European Digital Strategy and Its Impact on the Conclusion of Selected Types of Business Contracts

Peráček¹,

Mucha²,

Palatický³

et al. 2023

Studies in Systems, Decision and Control

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The Protective Purpose of the Contract and the Liability of an Expert Towards a Third Party in Czech, Austrian, and German Private Law

Cited by 4 publications

References 9 publications

The Influencing Mechanism of Managerial Myopic Behavior on Enterprise Sustainable Development Performance: Evidence Based on Listed Companies in China

The Influencing Mechanism of Managerial Myopic Behavior on Enterprise Sustainable Development Performance: Evidence Based on Listed Companies in China

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

European Digital Strategy and Its Impact on the Conclusion of Selected Types of Business Contracts

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