My argument starts from a judgment of merit that should be excluded from the company administrator's liability based on the fact that, to him, could not be obtained specific special skills required in the legal and bankruptcy, but only the management of the company. In light of this last statement, i was asked to conduct a study that could answer two questions. First of all the question arises whether, in fact, to an administrator who has specific skills can not impose itself to be expert in every subject on which he is called to act by virtue of their qualification. The second question that logically arises is whether to invoke the lack of expertise in a given field can really claim to be ruled out the administrator responsible for that damage, in this case also considerable, which have occurred to the company as a result of that action or omission that has caused them. The answer to these questions must be sought in the concept of administrator diligence of companies, that my thesis aims to fill with meaning. In conclusion, it was possible to say that the postal company executive, to be diligent is required to run the company so cautious and prudent and is, however, it encouraged to do so , at least to minimize the risk of liability claims against it. Once we come to affirm that the care required administrator of companies coincides with a cautious and prudent management (in terms briefly outlined above) I have evaluated for completeness, deepen the peculiarities encountered in the administration of the banking company and proceed finally, a comparison with ordinary s.p.a. They came to the conclusion that, within the banking firm, by virtue of the interests involved, the diligent administrator is the one who in his management must adhere to the duties imposed by impsed by the sound and prudent management, both in specific way is through interpretation and generally on the basis of the general application of this principle. In light of the above deductions advanced in terms of directors of the banking company i could, therefore, continue and consolidate the claims with reference to the ordinary society Indeed, i believe that the general obligation under the ordinary company executive to act with the diligence required by the nature and the special expertise includes the duty to abide by the principles of sound and prudent corporate governance which, although not expressly written, is easily obtainable through interpretation by the various prescriptions relating to the duties imposed on them and in terms of its responsibility to them ascribed. The diligent administrator, then, is one to whom you do not require to be expert in every subject on which he is called to act but face their inevitable gaps, to manage its company safe and sound manner, inquiring through recourse to external expertise and pondering their choices as well to lead the company to the realization of the interests to the stability, efficiency, competition, survival and especially the profitability of the company itself, its shareholders.
(2016). La diligenza dell'amministratore di società. (Tesi di dottorato, Università degli Studi di Milano-Bicocca, 2016).
|Data di pubblicazione:||16-set-2016|
|Titolo:||La diligenza dell'amministratore di società|
|Settore Scientifico Disciplinare:||IUS/01 - DIRITTO PRIVATO|
|Corso di dottorato:||SCUOLA DI DOTTORATO IN SCIENZE GIURIDICHE - 71R|
|Citazione:||(2016). La diligenza dell'amministratore di società. (Tesi di dottorato, Università degli Studi di Milano-Bicocca, 2016).|
|Parole Chiave (Inglese):||Diligence|
|Appare nelle tipologie:||07 - Tesi di dottorato Bicocca post 2009|